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Planning Commission Agendas & Minutes

Regular Meeting

Hampton, VA · March 21, 2019

AgendaMinutes

Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON CONFERENCE ROOM, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, MARCH 21, 2019 AT 3:00 P.M. Chairman Carter called the meeting to order at 3:09 p.m. A call of the roll noted Commissioners Trina Coleman, Ruthann Kellum, Tommy Southall, Vice-Chair Carole Garrison, and Chairman Carter as being present. Commissioners Mary Bunting and Steven Brown were noted as absent. Staff in attendance were Secretary to the Commission/Director of Community Development Terry O’Neill, Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Chief Planner Donald Whipple, Senior City Planner Tolu Ibikunle, Senior City Planner Lucy Stoll, City Planner Ana Elezovic, City Planner Corey Block, and Recording Secretary/Senior Administrative Assistant Kristie Graves. The Commission and staff discussed the following agenda items, with the following information being provided: CIP Briefing: Assistant City Manager Brian DeProfio provided a briefing on the progress and development of the Fiscal Year 2020-2024 Capital Improvement Plan (CIP). The CIP is a five year expenditure plan focused on projects over $50,000 and a life expectancy of at least five years, and includes items such as property acquisitions, new facilities or major facility improvements, and significant equipment investments. The Budget Office has met with various stakeholders, boards, and commissions. The CIP is expected to come before the Planning Commission in April for recommendation to City Council. Zoning Ordinance Amendment Nos. 19-00001, 19-00002, and 19-00004: by the City of Hampton to Amend And Re-Enact Section 9-43 “Development Standards” pertaining to the front yard setback, height, and garage location in the Infill Housing Overlay District; Section 11-8 “Parking Credits, Exemptions, and Reductions” pertaining to parking exemptions and reductions in the Infill Housing Overlay District; and Chapter 2, Section – 2 “Definitions” pertaining to the Façade Zone. The amendments are intended to ease potential conflicts between certain development standards of the Infill Housing Overlay District, better align required parking with development standards related to lot width, and clarify the definition of “façade zone”, respectively. As the three items are related, staff requests there be one presentation and public hearing, but require a separate vote for each item. Planning Commission Action No. 19-00001: by Hampton Roads Sanitation District (HRSD) to construct a new pump station at 302 S. Willard Avenue, to replace the existing undersized and outdated one. A Planning Commission Action (PCA) is a special application the Planning Commission considers when the City has a new or replacement public utility or infrastructure request. The task of the Planning Commission is to ensure that the application is in accordance with the Community Plan. While there are no conditions placed on the application, the approval is granted with an understanding that the development will be in keeping with the material presented, including the proposed footprint and building scale, and character. While PCAs are not public hearing items, the Commission may choose to hear public comment. Work session adjourned at 3:35 p.m. WS & Public Meeting Minutes 20190321 Page 1 AT THE REGULAR MEETING AND PUBLIC HEARING OF THE HAMPTON PLANNING COMMISSION HELD IN THE COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, MARCH 21, 2019 AT 3:30 P.M. l. CALL TO ORDER Chairman Christopher Carter called the meeting to order at 3:39 p.m. II. ROLL CALL A call of the roll noted Commissioners Trina Coleman, Ruthann Kellum, Tommy Southall, Vice-Chair Carole Garrison, and Chairman Carter as being present. Commissioners Mary Bunting and Steven Brown were noted as absent; however Commissioner Bunting arrived after the roll call. Staff in attendance were Secretary to the Commission/Director of Community Development Terry O’Neill, Deputy Director of Community Development Steve Shapiro, Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Chief Planner Donald Whipple, Senior City Planner Tolu Ibikunle, City Planner Ana Elezovic, City Planner Corey Block, Senior Youth Planner Symone Gibbs, Junior Youth Planner Will Klotz, and Recording Secretary/Senior Administrative Assistant Kristie Graves. III. MINUTES – FEBRUARY 21, 2019 WORK SESSION & PUBLIC MEETING A motion was made by Vice-Chair Carole Garrison and seconded by Commissioner Tommy Southall to approve the minutes of the February 21, 2019 Work Session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Garrison, Carter NAYS: None ABST: None ABSENT: Brown, Bunting Secretary Terry 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. IV. PLANNING COMMISSION ACTION Mr. O’Neill read the notice on the first agenda item and gave a brief explanation of a Planning Commission Action (PCA) and the Planning Commission’s duty with regard to the PCA. A Planning Commission Action (PCA) is a special application the Planning Commission considers when the City has a new or replacement public utility or infrastructure request. The task of the Planning Commission is to review and approve the general or approximate location, character, and extent in conformance with the Community Plan. While PCAs are not public hearing items, the Commission may choose to hear public comment. WS & Public Meeting Minutes 20190321 Page 2 A. PCA 19-00001 – HAMPTON ROADS SANITATION DISTRICT, 302 S. WILLARD AVENUE [LRSN: 12001212], PUMP STATION Planning Commission Action No. 19-00001: This is a request by the Hampton Roads Sanitation District to construct a new pump station at 302 S. Willard Avenue [LRSN: 12001212] in the Phoebus neighborhood of the city. The Hampton Community Plan (2006, as amended) and the Phoebus Master Plan (2007, as amended) recommend medium density residential land use in this area. 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 Ana Elezovic, 757-727-6057 or ana.elezovic@hampton.gov. City Planner Ana Elezovic presented the staff report on the subject application, a copy of which is attached to the original minutes. She stated that staff recommends approval of Planning Commission Action No. 19-00001. Ms. Elezovic stated that the applicant says that the community’s concerns regarding potential noise and odor will be addressed through the design of the building. The applicant also intends to hold a community meeting in April, and was available to answer questions regarding the subject application. Though the PCA is not a public hearing item and the Commission is not required to entertain any public comment, Chairman Carter opened the floor to the public for comment. Dr. Lisa Marie Samaha, 224 S. Willard Avenue, opposes the construction of the pump station at the proposed location. She says she received a card in the mail two (2) days prior to the meeting and does not understand why HRSD cannot procure property on National Avenue to place the proposed pump station. In response to a question from Vice-Chair Garrison, Dr. Samaha responded that her property has never flooded since she has owned it, and is well above the flood zone, which ends on Willard Street. Beth Wyatt, 313 S. Willard Avenue, opposes the construction of the pump station at the location. She says she received a card in the mail a few days prior to the meeting. She stated that she doesn’t understand why HRSD would purchase a lot to knock down the existing home and build a new pump station at 302 S. Willard Avenue. She does not know why they won’t purchase a vacant lot to build the pump station, or rehabilitate the current pump station on National Avenue. She added that the smell at the current pump station is atrocious and the outside generator is very loud. Applicant Ted Henifin, 63 Cherokee Road, General Manager of HRSD, addressed the concerns from the public. The main gravity sewage line comes down Willard Avenue, and the lowest point is at the current pump station at 219 National Avenue. There is not enough room on the existing site to maintain and rebuild the pump station to new standards. The new pump station would have to be along the main gravity line in order for it to work. HRSD’s history in Hampton proves that they can build attractive stations that are not detriments to the community, such as the Bridge Street pump station. The new design resolves the noise and odor issues because the major mechanical equipment will be located inside the building and will not contribute noise and odor pollution to the surrounding area. The location is the best with a willing seller that fits HRSD’s need and is close to where it needs to be. WS & Public Meeting Minutes 20190321 Page 3 In response to questions from Chairman Carter, Mr. Henifin responded that they were trying to come before the Planning Commission first, then hold a public meeting on the design of the pump station. HRSD will be using a sophisticated two-stage odor control system that will eliminate the odors associated with the collection of wastewater. All of the equipment will be contained inside the building, and none of the equipment will be outside as it currently is at the National Avenue location. HRSD tried to stay within the aesthetics of history of the community. In response to questions from Vice-Chair Garrison, Mr. Henifin answered that the current pump station on National Avenue does not have the two-stage odor control. HRSD’s facilities are designed and built to handle future population projections forty (40) years into the future. The new pump station also needs to be larger to comply with the EPA Consent Decree for wet weather. The Bay Shore pump station takes the majority of the wastewater from the Buckroe area and brings it down to a force main at the end of Willard Avenue. During high tide events, the area gets inundated with additional flow; the current stations and pipe sizes are not able to contain it. There are overflows along Hope Street and Willard Avenue that the new pump station will help eliminate as well. HRSD has designed all of the systems to deal with a five-year storm event to keep everything in the pipes during those times. With anything larger than that, there is a chance for overflow. The sewer systems are built to reasonable capacity that is affordable but during extreme events, there will be overflows. The finished floor will be above the freeboard that is required by the City. In response to a question from Commissioner Kellum, Mr. Henifin explained that the existing line discharges under Interstate 64 and through the Hampton University campus. It would have to be worked around the HRBT Expansion. That old line will be moved inland along the Phoebus side underground to County Street and under Settlers Landing. The new line will be out of the way of the expansion of the HRBT. In response to a question from Commissioner Southall, Mr. Henifin stated that with the newest pump stations at Bridge Street and Victoria Boulevard, there have not been any complaints from residents. HRSD has done a lot to correct the odor issues in the existing stations. They are constantly looking at where they need to replace pump stations and infrastructure and make the reinvestments to take them into the future. Chairman Carter expressed that the residents should have had a forum with HRSD to address their concerns prior to coming to the Planning Commission. In response to Chairman Carter’s comment, Mr. Henifin responded that HRSD’s challenge is that if they bring the neighborhood together and agree on a plan, it paints the Planning Commission in a corner where they have to approve. He stated that he was not sure what the appropriate mechanism is – to hold a public meeting and have the public in favor without the Commission saying HRSD is allowed to build or get approval from the Planning Commission without holding a public meeting. Chairman Carter stated that the Planning Commission supports the community and likes to make sure the community happy with what’s going on. If HRSD would have held a meeting and the community supported the application, the Planning Commission likes to go in line with the community. He is listening to the concerns of the residents on Willard Avenue. Debra Vivianni, 35-C Ingalls Road, Fort Monroe, opposes the construction of the pump station at the location. WS & Public Meeting Minutes 20190321 Page 4 In response to a question from Ms. Vivianni, Mr. Henifin stated that he did not have specific addresses that HRSD considered as opposed to the proposed address. HRSD looked for willing sellers with an appropriate sized parcel along the line. HRSD met with the Phoebus Partnership on two occasions to discuss the new pump station. Secretary O’Neill clarified that this particular type of item is not recommended to City Council; it is an item that the Planning Commission acts on. He also reiterated that the Planning Commission’s charge is to approve the item based on the presumption that it is a necessary public utility action. If the commission wanted to deny the request, they would have to identify a specific finding as to how it is not in conformance with the community plan. Chairman Carter commented that there was a right and wrong way and that the applicant should address the community for something that is going “in their back yard.” Secretary O’Neill acknowledged Chairman Carter’s comments but wanted to make sure the Commission was aware of their role with regard to Planning Commission Actions. Vice-Chair Garrison echoed the Chairman’s concerns that the applicant did not have a public meeting prior to coming before the Planning Commission, and that the public would not have their concerns addressed before going to City Council with a Planning Commission Action. Ms. Garrison also stated that the Commission would normally receive a notice of support or opposition from the neighborhood organization but this was not the case. The Commission has not received input from the Phoebus Partnership although there have been meetings with the applicant. Ms. Garrison stated that she did not see any red flags with the design or the pump station; her main concern is that the citizens living nearby were just notified and their concerns have not been acknowledged or addressed. Secretary O’Neill responded that it is within the Planning Commission’s purview to defer action on this item if they feel an additional discussion between the applicant and the community needs to take place. In response to questions and remarks from Commissioner Kellum, Secretary O’Neill stated that it is the Planning Commission’s charge to give direction on the next step in this process. Based on comments from Commissioners, they desire to provide a forum for the surrounding property owners to meet with the applicant and City staff, just as in other land use applications. Commission Kellum commented that a meeting between the applicant and property owners would be a positive community action and opportunity to hear what the options are. In response to Commissioner Kellum’s comments, Mr. Henifin stated that they plan to have a community meeting, specifically if that is the Planning Commission’s direction. He added that the property owner is pushing to close on the sale of the property. HRSD cannot close on the sale unless they know that the PCA will be approved, which forced their hand on the timing. He apologized for not meeting with the public but reiterated that HRSD had met with the Phoebus Partnership. In response to a question from Commissioner Kellum, HRSD Real Estate Manager Ayanna Williams shared that HRSD is working with the Phoebus Partnership to hold the community meeting. The meeting was supposed to take place prior to the Planning Commission meeting but a member was ill and the meeting could not be reschedule sooner. The property owners are ready to close on the sale. Ms. Williams added that she understands the community’s concerns with aesthetics but assured the Commission that HRSD is doing some really neat things WS & Public Meeting Minutes 20190321 Page 5 with pump stations and they look really nice. The old station will be decommissioned and a nice contained station will be built. HRSD will work with whatever the Planning Commission decides. Commissioner Garrison noted that it is one person’s preference to sell as opposed to a community. She emphasized that there should have been a public meeting and a letter of support from the Phoebus Partnership, which would have made her more at ease. Having a meeting after the Planning Commission approves the item doesn’t matter; she would prefer to defer the item. In response to Commissioner Garrison’s comments, Ms. Williams indicated that HRSD would not have disregarded any comments from the community meeting. In response to a question from Commissioner Southall, Deputy City Attorney Bonnie Brown explained that the Commission has to act within sixty (60) days of the date of the application submittal. If it is the pleasure of the Planning Commission to defer the item, it must be determined that the deferral action is within the public interest. She advised to not go beyond April. Secretary O’Neill replied that on previous Planning Commission Action items, community meetings have been held prior to the Planning Commission meeting. Commissioner Coleman remarked that in the interest of the City and community, people want to see what is going on in their community. She added that infrastructure improvement for that particular community is a plus. Deferring the item for sixty (60) days may cause the seller to change their mind; therefore, leaving no location to build a new pump station. In response to Commissioner Coleman’s remarks, Ms. Brown clarified that the Planning Commission has up to sixty (60) days to act and her legal recommendation was to not defer the item past the April Planning Commission meeting date. Commissioner Coleman suggested that the item should not be deferred thirty (30) days because the seller may feel that the City is taking too long and HRSD would then be left without a location to build the new pump station. Chairman Carter closed the floor to public comment. Commissioner Southall commented that it was a tough decision. The City could be putting HRSD in a difficult position if the seller backs out; they may not be able to acquire another location that works as well as the proposed location. He was concerned that the property acquisition price could increase if the item was deferred. Mr. Southall felt that HRSD would do just as well if not better with this project as they have done with their past projects, such as the Victoria and Bridge Street locations. He noted that there are details to be worked out with the community but HRSD is taking extra steps to control odor and noise as they had with Victoria pump station. Chairman Carter clarified that his problem was not with the pump station, it was that the community should have had more input. He is not against the infrastructure improvement. Commissioner Garrison emphasized that the surrounding property owners at the meeting only received notification a few days prior to the Planning Commission meeting. She feels that the whole situation should have been handled better. WS & Public Meeting Minutes 20190321 Page 6 In response to a question from Commissioner Bunting, Chairman Carter answered that the Planning Commission Action item is approved by the Planning Commission and is not referred to City Council. There being no further questions or speakers, the Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a proposal by the Hampton Roads Sanitation District to construct a sanitary sewer pump station at 302 S Willard Avenue [LRSN 12001212]; WHEREAS: the proposed pump station will replace an existing pump station at 219 National Avenue which has surpassed its designed service life; WHEREAS: the property is zoned One-Family Residential (R-13) District, which allows for public utility facilities subject to approval of the Planning Commission; WHEREAS: the Hampton Community Plan (2006, as amended) provides policies calling for well-designed public facilities that support growth, provide continuity of service, and minimize negative environmental impacts; WHEREAS: in accordance with Section 15.2-2232 of the Code of Virginia, the Planning Commission is required to review the location of all public utility facilities and to verify that the locations are substantially in accord with the adopted comprehensive plan; WHEREAS: the Hampton Community Plan calls for this parcel to be used for medium density residential; WHEREAS: the proposed pump station will improve capacity and environmental protection features, dealing with flood waters, overflow, and odors, compared to the station being replaced; WHEREAS: based upon existing infrastructure, the new station needs to be located along Willard Avenue and in close proximity to the existing pump station; and WHEREAS: three members of the public spoke against the proposed location of the pump station. NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner Trina Coleman, BE IT RESOLVED that the Hampton Planning Commission approves Planning Commission Action No. 19-00001. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Bunting NAYS: Garrison, Carter ABST: None ABSENT: Brown WS & Public Meeting Minutes 20190321 Page 7 V. PUBLIC HEARING ITEMS Mr. O’Neill read the public hearing notice on the first agenda item. A. UP 19-00002 – JUAN CARRILLO, 2423 MCMENAMIN STREET [LRSN: 13002023], LIVE ENTERTAINMENT 2 IN CONJUNCTION WITH A RESTAURANT Use Permit Application No. 19-00002: This is a use permit application by Juan Carrillo to permit live entertainment 2 in conjunction with a restaurant at 2423 McMenamin Street, which is at the southeast corner of McMenamin Street and W. Claiborne Square in Peninsula Town Center [LRSN: 13002023]. The property is currently zoned Limited Commercial (C-2) District and Coliseum Central Overlay (O-CC) District which allow for live entertainment in conjunction with a restaurant subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed use 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 Donald Whipple, 757-728-5235 or dwhipple@hampton.gov. Chief Planner Donald Whipple 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 Use Permit Application No. 19-00002 subject to twelve (12) conditions. Mr. Whipple stated that the applicant did not hold a community meeting but did meet with the Coliseum Central Business Improvement District (CCBID) Security Committee and the Hampton Police Division (HPD) regarding security concerns. The applicant was also available to answer questions regarding the subject application. The applicant, Juan Carrillo, 235 N. Benjamin Howell Street, Williamsburg, is the owner and operator of Juan’s Mexican Café & Cantina. They have been in business for about one (1) year in November. They would like to have live entertainment at the restaurant such as a Mariachi band to celebrate Cinco de Mayo. They are not looking for the club feel but would like to add entertainment for their customer’s experience. There being no questions or speakers, the Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a request by Juan Carrillo to permit Live Entertainment 2 in conjunction with a restaurant at 2423 McMenamin Street LRSN: 13002023]; WHEREAS: the subject property is currently zoned Limited Commercial District (C-2), which allows live entertainment with a use permit. The property is also located in the Coliseum Central Overlay (O-CC) District which allows for live entertainment in conjunction with a restaurant subject to an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) designates the future land use of the subject property and much of the surrounding area as mixed-use development; WS & Public Meeting Minutes 20190321 Page 8 WHEREAS: additional land use recommendations from the Coliseum Central Master Plan (2015, as amended) recommend the subject site remain as mixed-use development; WHEREAS: the restaurant, Juan’s Mexican Café and Cantina, occupies 5,700± square feet. If approved, the use permit would only apply to the restaurant space currently leased by Juan’s Mexican Café and Cantina; WHEREAS: there are several conditions recommended to be attached to this application, including conditions related to hours of operation, building capacity, sound volume, security, and adherence to various related state and city codes and ordinances; WHEREAS: the application and the twelve (12) recommended conditions were presented to the Coliseum Central Business Improvement District Security Committee on March 19, 2019, and the Committee was in general support of the proposal; and WHEREAS: no members of 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 Use Permit Application No. 19-00002, subject to twelve (12) conditions. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Garrison, Bunting, Carter NAYS: None ABST: None ABSENT: Brown The following three public hearing items are related and will be part of one presentation and public hearing. A separate motion and vote is required for each item. Mr. O’Neill read the public hearing notices on the next three related agenda items. B. ZOA 19-00001 – CITY OF HAMPTON, AMEND AND RE-ENACT SECTION 9-43, “DEVELOPMENT STANDARDS”, PERTAINING TO FRONT YARD SETBACK, HEIGHT, AND GARGE LOCATION, INFILL HOUSING OVERLAY DISTRICT Zoning Ordinance Amendment No. 19-00001: This is a proposal by the City Of Hampton To Amend And Re-Enact the Zoning Ordinance Of The City Of Hampton, Virginia by Amending Section 9-43 Entitled “Development Standards” Pertaining to the Front Yard Setback, Height, and Garage Location in the Infill Housing Overlay District. Approval of this amendment would create development standards that allow for more flexibility to include: the build-to line being changed to a façade zone, permitting the structure to be set back an additional 10 feet, as well as allowing for the front door to be located in other areas of the home rather than on the front most façade, and additional requirements for fenestration on the front façade of the home. This amendment also proposes to change the height restriction from 25 feet to 35 feet, which is WS & Public Meeting Minutes 20190321 Page 9 consistent with all other single family residential requirements. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757-727-6077 or corey.block@hampton.gov. C. ZOA 19-00002 – CITY OF HAMPTON, AMEND AND RE-ENACT SECTION 11-8, “PARKING CREDITS, EXEMPTIONS, AND REDUCTIONS”, PERTAINING TO PARKING EXEMPTIONS AND REDUCTIONS, INFILL HOUSING OVERLAY DISTRICT Zoning Ordinance Amendment No. 19-00002: This is a proposal by the City of Hampton To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia, by Amending Section 11-8 Entitled “Parking Credits, Exemptions, and Reductions” Pertaining to Parking Exemptions and Reductions in the Infill Housing Overlay. Approval of this amendment would change the lot frontage requirement for a reduction of one parking space if within the Infill Housing Overlay from 40 feet to 50 feet. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757-727-6077 or corey.block@hampton.gov. D. ZOA 19-00004 – CITY OF HAMPTON, AMEND AND RE-ENACT CHAPTER 2, “DEFINITIONS”, SECTION 2-2, PERTAINING TO THE FAÇADE ZONE Zoning Ordinance Amendment No. 19-00004: 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 Pertaining To The Façade Zone. Approval of this amendment would expand the definition of a façade zone to allow for one to be created along a setback line, not exclusively from a property line. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757-727-6077 or corey.block@hampton.gov. City Planner Corey Block presented the staff report on the subject applications, copies of which are attached to the original minutes. She stated that staff recommends approval of Zoning Ordinance Amendment No. 19-00001, Zoning Ordinance Amendment No. 19-00002, and Zoning Ordinance Amendment No. 19-00004. In response to questions from Commissioner Kellum, Ms. Block responded that Infill Housing relates to lots that are substandard, meaning the lots do not meet the regulatory requirements such as frontage or acreage. An Overlay District is in addition to your base district to give additional guidance on how a lot can be developed. In response to questions from Commission Garrison, Ms. Block answered that height is measured differently in flood zones. The measurement starts at the finished floor, not from the ground or the grade. The green area requirement of 50% of the front yard would remain as is. Two parking spaces would be reduced to one. Ms. Block referred to a previous zoning ordinance amendment related to on-street parking, and the property owner could request credits for on-street parking. If one parking space was required on the lot, the on-street parking in front of the lot could count as a parking space. Secretary O’Neill further stated that the City tries to write very good ordinances, and is trying to balance a number of different things with these amendments; most of the lots are smaller, and property owners want off-street parking but WS & Public Meeting Minutes 20190321 Page 10 also do not want their entire front yards paved. From the City’s resiliency’s goals and objectives, 50% of the lot needs to be green area in order to reduce impervious surfaces. Commissioner Garrison shared that she was concerned about the non permeable surfaces and flooding, and was glad that the City shared that concern. There being no further questions or speakers, the Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 19-00001 by the City of Hampton to Amend and Re-Enact Section 9-43 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Development Standards” pertaining to the front yard setback, height, and garage location in the Infill Housing Overlay; WHEREAS: approval of this amendment would raise the structure height limit from 25’ to 35’, keeping the two story maximum requirement; WHEREAS: the amendment would also change the front yard setback from a build-to line to a 10’ deep façade zone in which 50% of the width of the structure and the front door must be within the façade zone, and would also require the front elevation have 20% fenestration; WHEREAS: this item is proposed in conjunction with Zoning Ordinance Amendment Nos. 19-00002 and 19-00004; WHEREAS: this amendment is being brought forth because the variance process brought to light conflicting regulations when applied to narrower lots and/or to lots on blocks where the average front yard setback is shallow; WHEREAS: the proposed changes will help keep new development sensitive to the surrounding existing neighborhoods, while allowing for more flexibility and variety of different styles of homes; and WHEREAS: no members of the public spoke. NOW, THEREFORE, on a motion by Vice-Chair Carole Garrison and seconded by Commissioner Ruthann Kellum, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 19-00001. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Garrison, Bunting, Carter NAYS: None ABST: None ABSENT: Brown The Planning Commission also approved the following resolution: WS & Public Meeting Minutes 20190321 Page 11 WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 19-00002 by the City of Hampton to Amend and Re-Enact Section 11-8 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Parking credits, Exemptions, and Reductions” pertaining to the Infill Housing Overlay; WHEREAS: approval of this amendment would change the requirement from a lot width less than 40’ to a lot width less than 50’ for a reduction from two parking spaces to one; WHEREAS: this item is proposed in conjunction with Zoning Ordinance Amendment Nos. 19-00001 and 19-00004; WHEREAS: this amendment is being brought forth because the variance process brought to light conflicting regulations when applied to narrower lots and/or to lots on blocks where the average front yard setback is shallow; WHEREAS: the proposed changes will help keep new development sensitive to the surrounding existing neighborhoods, while allowing for more flexibility and variety of different styles of homes; and WHEREAS: no members of the public spoke. 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 Zoning Ordinance Amendment No. 19-00002. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Garrison, Bunting, Carter NAYS: None ABST: None ABSENT: Brown The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 19-00004 by the City of Hampton to Amend and Re-Enact Section 2-2 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Definitions” pertaining to the Façade Zone; WHEREAS: approval of this amendment would allow for a façade zone to be created from a setback line, not only from a property line; WHEREAS: this item is proposed in conjunction with Zoning Ordinance Amendment Nos. 19-00001 and 19-00002; WHEREAS: the proposed changes will help keep new development sensitive to the surrounding existing neighborhoods, while allowing for more flexibility and variety of different styles of homes; and WS & Public Meeting Minutes 20190321 Page 12 WHEREAS: no members of the public spoke. NOW, THEREFORE, on a motion by Commissioner Ruthann Kellum and seconded by Vice-Chair Carole Garrison, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 19-00004. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Garrison, Bunting, Carter NAYS: None ABST: None ABSENT: Brown Mr. O’Neill read the public hearing notice on the next agenda item. E. ZOA 19-00003 – CITY OF HAMPTON, AMEND AND RE-ENACT CHAPTER 1, “GENERAL PROVISIONS”, SECTION 1-23, PERTAINING TO PROJECTIONS ALLOWED IN YARDS Zoning Ordinance Amendment No. 19-00003: This is a proposal by the City of Hampton To Amend And Re-enact Chapter 1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “General Provisions” By Amending Section 1-23 Pertaining To Projections Allowed in Yards. Approval of this amendment would allow for exterior stairways to encroach into required setbacks, provided they keep a minimum distance of 3 feet from any property line. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757-727-6077 or corey.block@hampton.gov. City Planner Corey Block presented the staff report on the subject application, a copy of which is attached to the original minutes. She stated that staff recommends approval of Zoning Ordinance Amendment No. 19-00003. There being no questions or speakers, the Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 19-00003 by the City of Hampton to Amend and Re-Enact Section 1-23 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “General Provisions” pertaining to Projections Allowed in Yards; WHEREAS: this revision is being brought forth as a housekeeping amendment to clarify the language of the current ordinance; WHEREAS: approval of this amendment would allow for stairs that access the first finished floor to encroach into all setbacks and would only allow for stairs that access higher than the first finished floor to encroach into rear yard setbacks, as long as the proposed stairs are a minimum 3’ from all property lines; WHEREAS: this clarification will not result in any change to the application of the ordinance; and WS & Public Meeting Minutes 20190321 Page 13 WHEREAS: no members of the public spoke. 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. 19-00003. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Garrison, Bunting, Carter NAYS: None ABST: None ABSENT: Brown VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. YOUTH PLANNER PRESENTATION Senior Youth Planner Symone Gibbs presented the Youth Planner report for March. During the month of February, two meetings were held. At the February 5th meeting, Facilitation and Recording training was held and presided over by Housing & Neighborhood Services Division Manager Jonathan McBride and Neighborhood Development Associate Anna Hammond. Special guests were the Citizen Unity Commission’s Youth Advisory Group. The training was to equip both entities with essential workplace readiness skills, which corresponds with the 2020 Youth Master Plan goal “Youth Are Prepared.” At the February 11th meeting, the Youth Commission finalized logistics, scripts and presentations for the joint Hampton City Council – Hampton Youth Commission meeting. The purpose of the joint meeting is to allow an open dialogue between Youth Commissioners and City Council, as well as give the Grants Committee an opportunity to present their proposal on the reinstatement of the former “Micro-Grant Program”. The Commission was then updated on the “Dream Studios” process, which is to gather data related to the update of the Youth Component of the Hampton Community Plan (2006, as amended). April’s HYC general meetings will be held on April 8th, April 15th, and April 22nd, and are open to the public. The HYC Executive Committee meetings will be held on April 9th, April 16th, and April 23rd. The Joint Council meeting will be held on March 11th Commissioner Bunting complimented the Youth Commission on running a well-run meeting; those attending enjoyed the interaction. In response to a question from Commissioner Garrison, Ms. Gibbs responded that the Youth Commission is still in the process of setting up, and the application process should begin in September. Commissioner Bunting added that because the grant program had not been active in some time, funding restoration would not occur until the new budget becomes effective. The City Manager’s recommended budget will propose some restoration of the funding to reinitiate the program WS & Public Meeting Minutes 20190321 Page 14

Agenda

PLANNING COMMISSION CITY OF HAMPTON, VIRGINIA CHAIR: Christopher Carter VICE-CHAIR: Carole Garrison COMMISSIONERS: Steven Brown, Mary Bunting, Trina Coleman, Ruthann Kellum, Thomas Southall WORK SESSION March 21, 2019 @ 3:00 PM – City Hall, Lawson Conference Room, 8th Floor I. Briefing on the CIP – Brian DeProfio, Assistant City Manager II. Questions about agenda items MEETING AGENDA March 21, 2019 @ 3:30 PM – City Hall, City Council Chambers, 8th Floor I. Call to Order II. Roll Call III. Minutes of the February 21, 2019 Planning Commission Meeting IV. Planning Commission Action a) Planning Commission Action No. 19-00001: a request by the Hampton Roads Sanitation Department to construct a new pump station at 302 S. Willard Avenue [LRSN 12001212] in the Phoebus neighborhood of the city. The Hampton Community Plan (2006, as amended) and the Phoebus Master Plan (2007, as amended) recommend medium density residential land use in this area. 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 Ana Elezovic, 757-727-6057 or ana.elezovic@hampton.gov V. Public Hearing Items a) Use Permit Application No. 19-00002: use permit application by Juan Carrillo to permit live entertainment 2 in conjunction with a restaurant at 2423 McMenamin Street, which is at the southeast corner of McMenamin Street and W. Claiborne Square in Peninsula Town Center [LRSN: 13002023]. The property is currently zoned Limited Commercial (C-2) District and Coliseum Central Overlay (O-CC) District which allow for live entertainment in conjunction with a restaurant subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed use 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 Donald Whipple, 757-728-5235 or dwhipple@hampton.gov. b) Zoning Ordinance Amendment No. 19-00001: This is a proposal by the City of Hampton To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia by Amending Section 9-43 Entitled “Development Standards” Pertaining to the Front Yard Setback, Height, and Garage Location in the Infill Housing Overlay District. Approval of this amendment would create development standards that allow for more flexibility to include: the build-to line being changed to a façade zone, permitting the structure to be set back an additional 10 feet, as well as allowing for the front door to be located in other areas of the home rather than on the front most facade, and additional requirements for fenestration on the front façade of the home. This amendment also proposes to change the height restriction from 25 feet to 35 feet, which is consistent with all other single family residential requirements. Page 1 of 2 Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757- 727-6077 or corey.block@hampton.gov. c) Zoning Ordinance Amendment No. 19-00002: This is a proposal by the City of Hampton To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia by Amending Section 11-8 Entitled “Parking credits, exemptions, and reductions” Pertaining to Parking Exemptions and Reductions in the Infill Housing Overlay. Approval of this amendment would change the lot frontage requirement for a reduction of one parking space if within the Infill Housing Overlay from 40 feet to 50 feet. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757- 727-6077 or corey.block@hampton.gov. d) Zoning Ordinance Amendment No. 19-00004: 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 Pertaining To The Façade Zone. Approval of this amendment would expand the definition of a façade zone to allow for one to be created along a setback line, not exclusively from a property line. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757-727-6077 or corey.block@hampton.gov. e) Zoning Ordinance Amendment No. 19-00003: This is a proposal by the City of Hampton To Amend And Re-Enact Chapter 1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “General Provisions” By Amending Section 1-23 Pertaining To Projections Allowed in Yards. Approval of this amendment would allow for exterior stairways to encroach into required setbacks, provided they keep a minimum distance of 3 feet from any property line. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Corey Block at 757-727-6077 or corey.block@hampton.gov. VI. Community Development Director’s Report A. Youth Planner Presentation – Symone Gibbs, Senior Youth Planner VII. Items by the Public VIII. Matters by the Commission IX. Adjournment of Regular Session Protocol for Public Input at Planning Commission Meetings: Hampton Planning Commission meetings are open to the public. The public is invited to attend meetings and to observe the work and deliberations of the Planning Commission. The public may also address the Planning Commission on public hearing items by signing up to speak. Public hearing sign-up sheets will be available until the specific item is reached during the course of the meeting. Speakers will be recognized in the order in which they sign up and are asked to state their name and address, to limit their comments to 3 minutes, and to avoid repeating comments made by previous speakers. As a courtesy to others during the meeting, please turn off cellular telephones or set them to vibrate. CITY OF HAMPTON COMMUNITY DEVELOPMENT DEPARTMENT PLANNING & ZONING ADMINISTRATION DIVISION 22 LINCOLN STREET, 5TH FLOOR HAMPTON, VA 23669 757-727-6140 Page 2 of 2

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