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Planning Commission Agendas & Minutes

Regular Meeting

Hampton, VA · September 17, 2020

AgendaMinutes

Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION SPECIAL MEETING HELD IN THE COMMUNITY DEVELOPMENT DEPARTMENT CONFERENCE ROOM, 5TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, SEPTEMBER 17, 2020 AT 3:00 P.M. Vice-Chairman Christopher Carter called the meeting to order at 3:06 p.m. A call of the roll noted Commissioners Ruthann Kellum, Tommy Southall, Steven Bond, and Vice-Chair Carter as being present. Commissioners Trina Coleman, Steven Brown, and Chairman Carole Garrison were noted as absent; however Commissioners Coleman and Brown arrived after the roll call. Staff in attendance were Acting Secretary to the Commission/Planning & Zoning Administration Manager Michael Hayes, Deputy City Attorney Bonnie Brown, Property Maintenance & Zoning Enforcement Manager Kim Mikel, Zoning Administrator Hannah Sabo, Resiliency Officer David Imburgia, Chief Planner Donald Whipple, Senior City Planner Allison Eichele, City Planner Frank Glover, and Recording Secretary/Senior Administrative Assistant Kristie Graves. The Commission and staff discussed agenda items, with the following information being provided: In Chairman Garrison’s absence, Vice-Chair Carter will preside over the Planning Commission meeting. Election of Officers: The election of officers, Chairman and Vice-Chair, is held at each September meeting. The Chairman and Vice-Chair can serve up to two (2) consecutive years. Since Chairman Garrison was absent at the Planning Commission meeting and eligible to serve another term, the Commission decided to defer the election until the October 15, 2020 Planning Commission meeting. City Council Agenda Item Updates: At the September 9, 2020 City Council meeting, City Council took the following action on agenda items from the August 20, 2020 Planning Commission meeting: Zoning Ordinance Amendment Nos. 20-00015 and 20-00016 were approved. Zoning Ordinance Amendment Nos. 20-00014 and 20-00019 were deferred with the request to re-present once the COVID-19 pandemic is over. Agenda Items: Zoning Ordinance Amendment No. 20-00011 and 20-00018 are related and will have one presentation. Zoning Ordinance Amendment No. 20-00022: The amendment proposes expanding the uses permitted in the M-2 district. The uses included in this expansion are found to be in keeping with the one currently permitted. It is also an effort by the City to support its industrial parks and make them more competitive within the region. Zoning Ordinance Amendment No. 20-00011 and 20-00018: The amendments proposed are an attempt to address long-standing concerns of citizens, the Planning Commission and City Council. As a public hearing is being conducted, it is good practice for the Commission not to address specific businesses in their discussion. Planning Commission members continued discussion on various topics including impervious surfaces, the previously proposed green area requirement, enforcement issues, and City projects. The work session adjourned at 3:26 P.M. Work Session & Public Meeting Minutes 20200917 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, SEPTEMBER 17, 2020 AT 3:30 P.M. l. CALL TO ORDER Vice-Chair Christopher Carter called the meeting to order at 3:32 P.M. II. ROLL CALL A call of the roll noted Commissioners Trina Coleman, Ruthann Kellum, Tommy Southall, Steven Brown, Steven Bond, and Vice-Chair Christopher Carter as being present. Chairman Garrison was noted as absent. Staff in attendance were Acting Secretary to the Commission/Planning & Zoning Administration Manager Michael Hayes, Deputy Director of Community Development Steve Shapiro, Deputy City Attorney Bonnie Brown, Property Maintenance & Zoning Enforcement Manager Kim Mikel, Zoning Administrator Hannah Sabo, Resiliency Officer David Imburgia, Assistant City Attorney Shannon Jones, Chief Planner Donald Whipple, Senior City Planner Allison Eichele, City Planner Frank Glover, Senior Youth Planner Maia Patterson, and Recording Secretary/Senior Administrative Assistant Kristie Graves. III. ELECTION OF CHAIR AND VICE-CHAIR A motion was made by Vice-Chair Christopher Carter and Commissioner Tommy Southall to defer the elections of Chairman and Vice-Chair until the October 15, 2020 Planning Commission meeting. Chairman Garrison was not present at today’s meeting. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Brown, Bond, Carter NAYS: None ABST: None ABSENT: Garrison IV. MINUTES OF AUGUST 20, 2020 WORK SESSION & PUBLIC MEETING A motion was made by Commissioner Tommy Southall and seconded by Commissioner Ruthann Kellum to approve the minutes of the August 20, 2020 Work Session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Kellum, Southall, Brown, Bond, Carter NAYS: None ABSTAIN: Coleman ABSENT: Garrison Commissioner Coleman abstained from voting because she was not present at the August 20, 2020 Planning Commission meeting. Work Session & Public Meeting Minutes 20200917 Page 2 V. PUBLIC HEARING ITEMS Acting Secretary Hayes read the key points of the Hampton Planning Commission Public Hearing/Comment. Mr. Hayes read the public hearing notices on the first agenda item. A. UP 20-00003 – COLONIAL DOWNS GROUP, LLC., 1990 – 1996 POWER PLANT PARKWAY [LEASEHOLD LRSN: 13001056, PORTION, PARCEL LRSN: 3004808, PORTION], EXISTING AMUSEMENT CENTER, AMEND CONDITIONS BY EXPANDING HOURS OF OPERATION FOR INDOOR OFF-TRACK BETTING HISTORICAL HORSE RACING FACILITY Use Permit Application No. 20-00003: This is a use permit application by Colonial Downs Group, LLC, to amend the use permit conditions of an existing amusement center by expanding the hours of operation for an indoor off-track betting historical horse racing facility at 1990 – 1996 Power Plant Parkway [Leasehold LRSN: 13001056, portion], which is within the Power Plant Shopping Center [Parcel LRSN: 3004808, portion]. The property obtained a use permit on January 9, 2019, which limited the hours of operation to 8AM – 2AM. The Hampton Community Plan (2006, as amended) recommends mixed use for this site. Chief Planner Donald Whipple presented the staff report on the subject application, a copy of which is attached to the original minutes. Staff recommends approval of Use Permit Application No. 20-00003 with 17 conditions. The applicant is available to respond to any questions. In response to a question from Commissioner Brown, Mr. Whipple stated that Hampton Police Division provided staff with a review of approximately seven months of activity in the shopping center where Rosie’s is located. The minor incidents reported are considered typical for a commercial shopping center and cannot be attributed directly to Rosie’s. In response to a question from Commissioner Coleman, Mr. Whipple stated that staff is aware that parking has been an issue. Based on building capacity and square footage, Rosie’s meets the minimum parking requirement. The proposed extension of the operating hours will not impact or affect the parking as the parking issues occur during the day. The challenge is that the business generates additional traffic and the parking is shared with the other businesses in the shopping center. In response to a question from Commissioner Kellum, Mr. Whipple responded that the other Colonial Down’s venues are open until 4AM and the owners wanted the operating hours to be consistent at all of the locations throughout the state. Vincent Jordan, Rosie’s General Manager, explained that extending the hours of operation allows the location greater flexibility within the operation from a marketing and customer standpoint. He also remarked that the industry standard is typically remaining open until 6AM. Locations in larger cities such as Las Vegas and Chicago remain open 24 hours. Commissioner Southall stated that in the discussion of the application last year that if there were no issues with the business, he would support the extension of the operating hours. He understands that the location wants to attract patrons who work late hours and adjacent hotel guests by staying open until 4AM. Work Session & Public Meeting Minutes 20200917 Page 3 Commissioner Bond commented that he is hesitant to support the extension with less than twelve months of data. A motion was made by Commissioner Tommy Southall and seconded by Commissioner Ruthann Kellum to approve Use Permit Application No. 20-00003 with 17 conditions. A roll call vote on the motion resulted as follows: AYES: Kellum, Southall, Carter NAYS: Coleman, Brown, Bond ABSTAIN: None ABSENT: Garrison Commissioners Coleman and Brown agreed that the Planning Commission should be consistent and approve an extension of hours after twelve months of data. The motion to approve Use Permit Application No. 20-00003 with 17 conditions failed. Ms. Brown explained that a tie vote means that the motion to approve the zoning ordinance amendment failed. Mr. Hayes explained the Planning Commission’s options – recommend deferral to a future date or recommend denial of the zoning ordinance amendment. Ms. Brown further explained that the item may also move forward to City Council without a recommendation. If a recommendation for deferral is made, it should not exceed 180 days which is the limit for an applicant’s request for deferral of a use permit. A second motion was made by Commissioner Steven Bond and seconded by Commissioner Steven Brown to defer Use Permit Application No. 20-00003 with 17 conditions until the February 2021 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Coleman, Brown, Bond NAYS: Kellum, Southall, Carter ABSTAIN: None ABSENT: Garrison The motion to defer Use Permit Application No. 20-00003 with 17 conditions until the February 2021 Planning Commission meeting failed. Ms. Brown explained that the motion to approve the zoning ordinance amendment failed. Since there are six Commissioners, it appears unlikely that they will reach a majority on approval, deferral, or denial. The item can move forward to City Council without a recommendation from the Commission. Commissioner Southall remarked that the applicant had been in business for twelve months, and should not be penalized because they had to close due to the COVID-19 restrictions. Work Session & Public Meeting Minutes 20200917 Page 4 In response to a question from Commissioner Southall, Mr. Hayes responded that one of the typical conditions for a venue with a new live entertainment use permit is to be evaluated after twelve months of operation. Commissioner Bond commented that the business is not being punished. Twelve months of data has been the standard for approving an extension of operating hours. In agreement with Commissioner Bond, Commissioner Brown further stated that the twelve month time period is consistent with policy, and the applicant agreed to the condition. In response to a question from Commissioner Brown, Ms. Brown answered that the 12 month timeframe is not a use permit condition but the 12 month time period was discussed at the time the use permit was approved. Commissioner Kellum commented that she was in support of Rosie’s being open 24 hours. She sees the 4AM closing as a compromise. Vice-Chair Carter remarked that there is always an exception to the rule. In response to a question from Commissioner Coleman, Mr. Hayes answered that the extension of office hours would go into effect after it passed by City Council on October 14, 2020, assuming Council’s approval. Ms. Brown explained that a tie vote means that the item would move forward to City Council without a recommendation from the Commission, unless another motion is made. A motion could be made to reconsider one of the previous motions or a new motion can be made. A third motion was made by Commissioner Ruthann Kellum and seconded by Commissioner Tommy Southall to reconsider the first motion to approve Use Permit Application No. 20-00003 with 17 conditions. Ms. Brown explained that the motion on the floor is to reconsider the first motion for approval, and would be the first vote. In response to a question from Commissioner Coleman, Commissioner Kellum stated that she made the motion to reconsider because she hoped that one of the other Commissioner had changed their minds about approving the extension of operating hours following the Commission’s discussion of the matter. Commissioner Southall commented that BJ’s now has dedicated parking for its members, in response to Commissioner Coleman’s concerns regarding parking in the shopping center. A roll call vote on the motion resulted as follows: AYES: Kellum, Southall NAYS: Coleman, Brown, Bond, Carter ABSTAIN: None ABSENT: Garrison The motion to reconsider the first motion to approve Use Permit Application No. 20-00003 with 17 conditions failed. Work Session & Public Meeting Minutes 20200917 Page 5 Ms. Brown stated that the tie vote means that the motion failed. It appears unlikely that the Commission will reach a majority on either approval or denial, the item can move forward to City Council without a recommendation from the Planning Commission. Use Permit Application No. 20-00003 will be heard by City Council at the October 15, 2020 meeting, with no recommendation from the Planning Commission. Mr. Hayes read the public hearing notice on the next agenda items. B. UP 20-00004 – RESEARCH HOLDINGS, LLC, 34 RESEARCH DRIVE, [LRSN: 6000995], MOBILE INDOOR SHOOTING RANGE Use Permit Application No. 20-00004: This is a use permit application by Research Holdings, LLC, to operate a mobile indoor shooting range at an existing business located at 34 Research Drive [LRSN: 6000995]. The property is currently zoned Langley Business Park (LBP) District, which allows indoor shooting ranges subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends business/industrial use for this site. This item is being concurrently advertised with the September 23, 2020 regular meeting of the Hampton City Council. Chief Planner Donald Whipple presented the staff report on the subject application, a copy of which is attached to the original minutes. Staff recommends approval of Use Permit Application No. 20-00004 with seven (7) conditions. In response to a question from Commissioner Coleman, Mr. Whipple responded that ThreatTec’s clientele are members of the Department of Defense, Federal government employees, and other law enforcement personnel. In response to a question from Commissioner Coleman, Commissioner Bond replied that Hampton Police Division is considered civilian public safety. 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 Research Holdings, L.L.C., to operate an indoor shooting range at 34 Research Drive [LRSN 6000995]; WHEREAS: the shooting range will be housed within an outfitted mobile trailer that will be anchored to an existing concrete pad, located adjacent to the north side of the existing building; WHEREAS: the property is zoned Langley Business Park (LBP) District and Magruder Visual Corridor (O-MVC) District, which permits indoor shooting ranges with an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends business/industrial land uses for the subject site; Work Session & Public Meeting Minutes 20200917 Page 6 WHEREAS: there are seven (7) conditions attached to this use permit application for the indoor shooting range, related to issuance of permit, tying the operation of the shooting range to the existing business, security, range design and operations, including safety, noise control, and maintenance; WHEREAS: the Langley Research and Development Park Association sent a letter of support endorsing the development proposal; WHEREAS: Planning staff recommends approval of this use permit application; and WHEREAS: no one from the public spoke on this application. NOW, THEREFORE, on a motion by Commissioner Steven Brown and seconded by Commissioner Trina Coleman, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 20-00004 with seven (7) conditions. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Brown, Bond, Carter NAYS: None ABST: None ABSENT: Garrison Mr. Hayes read the public hearing notice on the next agenda item. C. ZOA 20-00022 – CITY OF HAMPTON, AMEND AND RE-ENACT CHAPTER 3, “USES PERMITTED” PERTAINING TO USES PERMITTED, LIGHT MANUFACTURING (M-2) DISTRICT Zoning Ordinance Amendment No. 20-00022: This is a proposal by the City of Hampton to amend and re-enact Chapter 3 of the Zoning Ordinance of the City of Hampton, Virginia by amending Chapter 3 entitled, “Uses Permitted” pertaining to uses permitted in Light Manufacturing (M-2) District. Approval of this amendment would add “manufacturing/processing/treatment 1”, “office, laboratory or research”, and “utility infrastructure to house a government function” to the uses permitted by right in the M-2 District. This amendment would also add “railroad track spur” to the uses permitted with a use permit in the M-2 District. Zoning Administrator Hannah Sabo presented the staff report on the subject amendment, a copy of which is attached to the original minutes. Staff recommends approval of Zoning Ordinance Amendment No. 20-00022. In response to a question from Commissioner Kellum, Ms. Sabo explained that the term “utility infrastructure to house a government function” is specifically speaking about government utility companies such as Newport News Waterworks, HRSD et al. There being no further questions or speakers, the Planning Commission approved the following resolution: Work Session & Public Meeting Minutes 20200917 Page 7 WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 20-00022 by the City of Hampton To Amend And Re-Enact Chapter 3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Uses Permitted” By Amending Section 3-2(b) Pertaining to Uses Permitted in the Light Manufacturing (M-2) District; WHEREAS: this amendment would add “Manufacturing/processing/treatment 1”, “office, laboratory or research”, and “utility infrastructure to house a government function” to the uses permitted in the M-2 District; WHEREAS: this amendment helps to ensure that zoning regulations reflect the current and projected trends with respect to the type of uses seeking locations in business parks; WHEREAS: the general purpose and intent of this change is to permit a wider range of development that will position Hampton’s business parks to compete favorably with similar business parks in the Hampton Roads region, and this amendment is in line with the City’s on-going assessment of land use regulations with respect to changing dynamics of the economy; WHEREAS: these uses are permitted in the other manufacturing districts (M-1 and M-3), the Hampton Roads Center districts (HRC-1, HRC-2, HRC-3), and the Langley Business Park District (LBP) showing the general expansion of these uses to appropriate business and manufacturing parks; WHEREAS: a railroad track spur is a branch line off of a more main railroad line. It is currently permitted in the M-1 and HRC-3 District. Because of its possible impacts on neighboring parcels, this amendment proposes the use in M-2 with a use permit, giving the City additional oversight; and WHEREAS: no members of the public spoke. NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner Steven Bond, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 20-00022. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Brown, Bond, Carter NAYS: None ABST: None ABSENT: Garrison With the Planning Commission’s concurrence, the next two (2) public hearing items are related and will be part of one presentation and public hearing item. A separate motion and vote is required for each item. Work Session & Public Meeting Minutes 20200917 Page 8 Mr. Hayes read the public hearing notices on the next two (2) related agenda items. D. ZOA 20-00011 – CITY OF HAMPTON, AMEND AND RE-ENACT SECTION 2-2, “DEFINITIONS” PERTAINING TO VEHICLE USE DEFINITIONS Zoning Ordinance Amendment No. 20-00011: 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 2-2 entitled, “Definitions” pertaining to vehicle use definitions. Approval of this amendment would add or modify definitions of outdoor new car inventory storage lot, scrap metal processor, heavy vehicle repair, light vehicle repair, indoor vehicle storage, outdoor vehicle storage, and wrecking and salvage. This amendment would remove the definition of vehicle storage area. This item is being bought forward in conjunction with Zoning Ordinance Amendment No. 20-00018. E. ZOA 20-00018 – CITY OF HAMPTON, AMEND AND RE-ENACT SECTION 3-2, “TABLE OF USES PERMITTED” AND SECTION 3-3, “ADDITIONAL STANDARDS ON USES” MODIFY WHERE AND HOW CERTAIN VEHICLE USES ARE PERMITTED Zoning Ordinance Amendment No. 20-00018: 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 3-2 entitled, “Table of Uses Permitted” and Section 3- 3 entitled “Additional Standards On Uses,” to modify where and how certain vehicle uses are permitted. This amendment would change how the following uses are permitted in certain zoning districts; new car inventory storage lot, scrap metal processor, heavy vehicle repair, light vehicle repair, indoor vehicle storage, outdoor vehicle storage, vehicle sales of used vehicles, and wrecking and salvage by requiring a use permit under circumstances. This item is being brought forward in conjunction with Zoning Ordinance Amendment No. 20-00011. Zoning Administrator Hannah Sabo presented the staff report on the subject amendments, copies of which are attached to the original minutes. Staff recommends approval of Zoning Ordinance Amendment No. 20-00011 and Zoning Ordinance Amendment No. 20-00018. In response to a question from Commissioner Coleman, Ms. Sabo responded that a person could apply for a rezoning if a specific legal use is being removed from their particular district. The use would be legally non-conforming. In response to a question from Commissioner Kellum, Property Maintenance & Zoning Enforcement Manager Kim Mikel replied that staff is researching licensed businesses that were engaged as automobile dealer, salvage dealer or scrap processors on June 26, 1970. The amendment exemption applies to a legally established business and not the location. Zina Middleton, 44 Philmont Drive, was neither in support of or opposed to the zoning ordinance amendment. She voiced concerns regarding inoperable vehicles at a particular automobile dealership. There being no further questions or speakers, the Planning Commission approved the following resolution: Work Session & Public Meeting Minutes 20200917 Page 9 WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 20-00011 by the City of Hampton To Amend And Re-Enact Chapter 2 Entitled “Definitions” Pertaining to Vehicle Use Definitions; WHEREAS: this amendment adds definitions of vehicle sales, new vehicle inventory lot; scrap metal processor; vehicle repair, heavy; vehicle repair, light; vehicle storage, indoor; and vehicle storage, outdoor; WHEREAS: this amendment modifies the definition of salvage or wrecking and removes the unused definitions of service station and vehicle storage area; WHEREAS: vehicle storage area is being replaced with the terms vehicle storage, outdoor and vehicle storage, indoor; WHEREAS: this item is being bought forward in conjunction with Zoning Ordinance Amendment No. 20-00018, which is related to the regulation of vehicle related uses; and WHEREAS: no members of the public spoke. NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner Steven Brown, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 20-00011. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Brown, Bond, Carter NAYS: None ABSTAIN: None ABSENT: Garrison The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day Zoning Ordinance Amendment No. 20-00018 by the City of Hampton To Amend And Re-Enact Section 3-2 entitled, “Table of Uses Permitted” and section 3-3 entitled, “Additional Standards On Uses,” to modify where and how certain vehicle uses are permitted; WHEREAS: this amendment, in conjunction with Zoning Ordinance Amendment No. 20-00011, clarify the vehicle related uses in the use table as well as their definitions in Chapter 3; WHEREAS: the intention of this amendment is to better align the uses listed in the use table with the terms the Virginia Department of Motor Vehicles uses. This will create clarity in the Zoning Ordinance and give City Zoning and Code Enforcement Inspectors the ability to better regulate these uses; Work Session & Public Meeting Minutes 20200917 Page 10 WHEREAS: if approved, a number of vehicle related uses will require a Use Permit, due to their potentially high impact on neighboring properties. Heavy vehicle repair is proposed to no longer be permitted by-right in any district and will require a use permit in all previously permitted districts; WHEREAS: the following uses are new to the use table and added for clarity: vehicle sales, new vehicle inventory lot; vehicle repair, accessory to new vehicle sales; vehicle repair, accessory to used vehicle sales; salvage or wrecking; and scrap metal processor; WHEREAS: the vehicle storage definition is proposed to be expanded to capture more uses as a part of Zoning Ordinance Amendment 20-00011. The proposed changes to the use table include clarifying the use name to vehicle storage, indoor and vehicle storage, outdoor; WHEREAS: this item is being brought forward in conjunction with Zoning Ordinance Amendment No. 20-00011, which adds and updates definitions related to vehicle uses. This amendment is also being brought forward as part of adoption of a separate City Code amendment pertaining to the screening of inoperable vehicles; WHEREAS: these amendments will create more consistency in the approval or denial of the various vehicle related uses as applicants seek Department of Motor Vehicles licensing and related City approval, provide opportunity for more Planning Commission and City Council oversight of which particular sites on which such uses are permitted and under what conditions, and clearer guidance for enforcement of regulations related to these uses; and WHEREAS: one member of the public spoke requesting the City explore opportunities for applying screening standards to existing businesses. NOW, THEREFORE, on a motion by Commissioner Steven Brown and seconded by Commissioner Ruthann Kellum, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Zoning Ordinance Amendment No. 20-00018. A roll call vote on the motion resulted as follows: AYES: Coleman, Kellum, Southall, Brown, Bond, Carter NAYS: None ABSTAIN: None ABSENT: Garrison VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. YOUTH PLANNER PRESENTATION Junior Youth Planner Maia Patterson presented the Youth Planner Report for the Hampton Youth Commission (HYC). Work Session & Public Meeting Minutes 20200917 Page 11 On July 13th, HYC Secretary Paul Karhnak, former Senior Youth Planner Will Klotz, and Ms. Patterson gave a presentation to the graduating class of Old Dominion University (ODU) on the “Importance of Youth Civic Engagement”. The presentation highlighted the uniqueness of the HYC and information on creating a youth civic engagement program. In late July, the HYC conducted interviews, appointing seven new Commissioners. Also in July, the annual HYC Boot Camp was held on July 28th – July 29th at Alternatives, Inc on Fort Monroe. The objective of the Boot Camp was to introduce the new Commissioners, provide insight on the purpose and function of the Hampton Youth Commission, inform the participants on the rules and regulation of the Commission, and aid in creating connections among the Commission. On August 6th, interviews were held for the new Junior Youth Planner. Jericho Nicely was selected for the position. She is a junior at Hampton High School and was previously Chair of the HYC Youth Master Plan Update Committee. Former Senior Youth Planner Will Klotz recently graduated high school and is now attending Randolph Macon College. The annual HYC Retreat was held on August 18th – August 20th. The purpose of the retreat is to foster connections between new and returning Commissioner, serve as a refresher on the rules and expectations of Commissioners, and form committees to create work plans for the year. The four committees for the HYC this year are Youth Master Plan, Youth Voice, Grants, and Community Youth Initiative. Due to the COVID-19 pandemic, committee work was unable to be completed last plan year. The Grants Committee was unable to distribute its micro-grants. The committee will be starting with a new set of applicants and are currently working on advertising the grant opportunity for this year. The Youth Voice Committee was unable to host the youth forum; however, they were able to co-host a virtual Mayor’s Forum. This year they will be meeting with a group of key stakeholders and are planning to host a virtual youth forum on depression. The Youth Master Plan Committee was unable to complete the Youth Master Plan update last year, but will be continuing their work this year. The Commissioners are currently working on the first draft of the Youth component. The newest committee, Community Youth Initiative, will replace the Youth Master Plan Committee once the Youth component is finalized. The committee’s main purpose is community outreach. Two of their ideas are Adopt A Kindergarten program and Youth Tutoring and Mentorship. September HYC meetings:  General – September 14, September 28  Executive Zoom Team – September 15  Executive In Person – September 1, September 29 The Commission is planning to hold the Grants Committee meeting on October 5th. A stakeholder meeting with the Mayor and City Council is being planned, as well as a future meeting with the Planning Commission. Commissioner Kellum thanked Ms. Patterson for her in-person attendance at today’s meeting. She also complimented the Hampton Youth Commission on their hard work. Work Session & Public Meeting Minutes 20200917 Page 12 B. RESILIENT HAMPTON BRIEFING Resiliency Officer David Imburgia briefed the Commission on Resilient Hampton, a copy of which is attached to the original minutes. The presentation was similar to the presentation to City Council on September 9, 2020. In response to a question from Vice-Chair Carter, Mr. Imburgia answered that City Council adopted the sea level rise planning horizon curves from the Hampton Roads Planning District Commission. Those number show 1 ½ feet of sea level rise in the near future, 3 feet in the midterm and 4 ½ feet in 70+ years. The City is planning projects based on that data and also relating those numbers to the lifetime of the projects. The Newmarket Creek are is the pilot area. Hampton is working with Newport News on this project. In response to a question from Commissioner Kellum, Mr. Imburgia responded that the work taking place at the corner of Kecoughtan Road and Little Farms Avenue is a Public Works Stormwater project unrelated to the Newmarket Creek project, but it is part of Resilient Hampton joint work. Mr. Hayes elaborated on the importance of resiliency becoming part of the culture in Hampton. C. BRIEFING ON ZONING REGULATIONS UPDATES PERTAINING TO MULTIFAMILY RESIDENCES Mr. Hayes stated that the briefing is on zoning ordinance amendments related to multifamily residences will be coming before the Planning Commission in the near future. Senior City Planner Allison Eichele briefed the Commission on proposed Zoning Regulations Updates pertaining to multifamily residences, a copy of which is attached to the original minutes. Staff is currently presenting to stakeholder groups for feedback and working on refining the final draft of the proposal. Commissioner Southall commented that he looks forward to seeing the zoning ordinance come before the Planning Commission. Vice Chair Carter thanked Ms. Eichele on her hard work. VII. ITEMS BY THE PUBLIC There were no items by the public. VIII. MATTERS BY THE COMMISSION Commissioner Southall reminded the Commission that during election season, campaign signs need to be placed on private property. If the signs are placed on public property or in the City’s easements or rights-of-way, they will be pulled. In response to a question from Vice-Chair Carter, Ms. Brown stated that the City does not discriminate based upon the content of signs that are pulled. If a sign is placed on public property, it will be pulled and thrown away regardless of its purpose. Work Session & Public Meeting Minutes 20200917 Page 13

Agenda

PLANNING COMMISSION CITY OF HAMPTON, VIRGINIA CHAIR: Carole Garrison VICE-CHAIR: Christopher Carter COMMISSIONERS: Steven Bond, Steven Brown, Trina Coleman, Ruthann Kellum, Thomas Southall WORK SESSION September 17, 2020 @ 3:00 PM – City Hall, Community Development Department Conference Room, 5th Floor I. Questions about agenda items MEETING AGENDA September 17, 2020 @ 3:30 PM – City Hall, City Council Chambers, 8th Floor I. Call to Order II. Roll Call III. Planning Commission Election of Chair and Vice-Chair IV. Minutes of the August 20, 2020 Planning Commission Meeting V. Public Hearing Items A. Use Permit Application No. 20-00003: This is a use permit application by Colonial Downs Group, LLC, to amend the use permit conditions of an existing amusement center by expanding the hours of operation for an indoor off-track betting historical horse racing facility at 1990 - 1996 Power Plant Parkway [Leasehold LRSN: 13001056, portion], which is within the Power Plant Shopping Center [Parcel LRSN: 3004808, portion]. The property obtained a use permit on January 9, 2019 which limited the hours of operation to 8AM-2AM. The Hampton Community Plan (2006, as amended) recommends mixed use for this site. B. Use Permit Application No. 20-00004: This is a use permit application by Research Holdings, LLC, to operate a mobile indoor shooting range at an existing business located at 34 Research Drive [LRSN: 6000995]. The property is currently zoned Langley Business Park (LBP) District, which allows indoor shooting ranges subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends business/industrial use for this site. This item is being concurrently advertised with the September 23, 2020 regular meeting of the Hampton City Council. C. Zoning Ordinance Amendment No. 20-00022: This is a proposal by the City of Hampton to amend and re-enact chapter 3 of the Zoning Ordinance of the City of Hampton, Virginia by amending chapter 3 entitled, “Uses Permitted” pertaining to uses permitted in the Light Manufacturing (M-2) district. Approval of this amendment would add “manufacturing/processing/treatment1”, “office, laboratory or research”, and “utility infrastructure to house a government function” to the uses permitted by right in the M-2 District. This amendment would also add “railroad track spur” to the uses permitted with a use permit in the M-2 District. Page 1 of 2 D. Zoning Ordinance Amendment No. 20-00011: 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 2-2 entitled, “Definitions” pertaining to vehicle use definitions. Approval of this amendment would add or modify definitions of outdoor new car inventory storage lot, scrap metal processor, heavy vehicle repair, light vehicle repair, indoor vehicle storage, outdoor vehicle storage, and wrecking and salvage. This amendment would remove the definition of vehicle storage area. This item is being brought forward in conjunction with Zoning Ordinance Amendment No.20-00018. E. Zoning Ordinance Amendment No. 20-00018: 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 3-2 entitled, “Table of Uses Permitted” and section 3-3 entitled, “Additional Standards On Uses,” to modify where and how certain vehicle uses are permitted. This amendment would change how the following uses are permitted in certain zoning districts: new car inventory storage lot, scrap metal processor, heavy vehicle repair, light vehicle repair, indoor vehicle storage, outdoor vehicle storage, vehicle sales of used vehicles, and wrecking and salvage by requiring a use permit under circumstances. This item is being brought forward in conjunction with Zoning Ordinance Amendment No. 20-00011. V. Community Development Director’s Report A. Youth Planner Presentation - Maia Patterson, Junior Youth Planner B. Resilient Hampton Briefing - David Imburgia, Resiliency Officer C. Briefing on Zoning Regulations Updates Pertaining to Multifamily Residences - Allison Eichele, Senior City Planner VI. Items by the Public VII. Matters by the Commission VIII. 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 prior to 3:40PM on the day 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. Page 2 of 2

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