Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION REGULAR MEETING HELD IN THE COMMUNITY DEVELOPMENT DEPARTMENT CONFERENCE ROOM, 5TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, OCTOMBER 20, 2022 AT 3:00 P.M. Chairman Kellum called the meeting to order at 3:04 P.M. A call of the roll noted Commissioners Tracy Brooks, Vice-Chair Michael Harper, Trina Coleman, Carole Garrison, Steven Brown, Steven Bond, and Chairman Kellum as being present. Staff in attendance was Secretary to the Commission/Director of Community Development Terry O’Neill, Interim Deputy Director/Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Deputy Zoning Administrator Allison Jackura, Chief Planner Donald Whipple, City Planner Olivia Askew, Clerk of Council Katherine Glass, and Recording Secretary/Administrative Assistant Chasity Autry. The Commission and staff discussed agenda items, with the following information being provided. Ms. Brown briefed the Commissioners on voting on land use cases and the responsibility of a Planning Commissioner. The Planning Commissioners primary role, as its name implies, is to plan. The Planning Commission is a body of citizens that serve within local government, acting as an advisory group to the municipal governing body on issues and policies related to planning, land use regulation, and community development. Planning Commissioners act as citizen planners and work to develop plans and implementation policies that affect how their community manages changes in growth and development. With land use applications, the Commission’s primary focus should be how the proposed land use aligns with Hampton’s adopted policies. The Commission engaged in further discussion regarding storage facilities in the City. The work session adjourned at 3:28 P.M. Work Session & Public Meeting Minutes 20221020 Page 1 AT THE REGULAR MEETING AND PUBLIC HEARING OF THE HAMPTON PLANNING COMMISSION HELD IN THE CITY COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, OCTOBER 20, 2022 AT 3:30 P.M. l. CALL TO ORDER Chairman Kellum called the meeting to order at 3:35 P.M. II. ROLL CALL A call of the roll noted Commissioners Tracy Brooks, Vice-Chair Michael Harper, Trina Coleman, Carole Garrison, Steven Brown, Steven Bond, and Chairman Kellum as being present. Staff in attendance was Secretary to the Commission/Director of Community Development Terry O’Neill, Interim Deputy Director/Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Deputy Zoning Administrator Allison Jackura, Chief Planner Donald Whipple, City Planner Olivia Askew, Clerk of Council Katherine Glass, Support Services Administrative Coordinator Kristie Graves, Senior Youth Planner Kyra Reed, Junior Youth Planner Iyanna Hollis, and Recording Secretary/Administrative Assistant Chasity Autry. III. MINUTES OF SEPTEMBER 22, 2022 WORK SESSION & PUBLIC MEETING A motion was made by Commissioner Trina Coleman and seconded by Commissioner Steven Brown to approve the minutes of the September 22, 2022 Work Session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Harper, Coleman, Garrison, Brown, Bond, Kellum NAYS: None ABSTAIN: Brooks ABSENT: None Commissioner Brooks abstained from voting on the minutes because she was not present at the September 22, 2022 meeting. IV. PUBLIC HEARING ITEMS Secretary O’Neill read the key points of the Hampton Planning Commission Public Hearing/Comment. Mr. O’Neill read the public hearing notice on the first agenda item. A. UP 21-00009 – MCG VA SEARS, LLC, 5112 WEST MERCURY BLVD [LRSN: 3002532], STORAGE FACILITY 2 Use Permit Application No. 21-00009: This is a use permit application by MCG VA Sears, LLC, to permit a storage facility 2 at 5112 West Mercury Blvd [LRSN: 3002532]. The property is zoned Limited Commercial (C-2) District, which permits storage facility 2 with an approved use permit. The Hampton Community Plan (2006, as amended) recommends business/industrial uses for this area. Work Session & Public Meeting Minutes 20221020 Page 2  City Planner Olivia Askew 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. 21-00009 with eight (8) conditions. In response to questions from Commissioner Bond, Ms. Askew replied that the applicant would have to follow the City’s sign ordinance regarding any signage on the property. Any C-2 uses would be allowed to operate on the subject property. Attorney RJ Nutter of Troutman Pepper, 222 Central Park Avenue, Suite 2000, Virginia Beach, representing the applicant, provided further information on the application. Mr. Nutter was also available to respond to questions from the Planning Commission. 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 use permit by MCG VA Sears, LLC, to permit a storage facility 2 at 5112 West Mercury Blvd [LRSN: 3002532]; WHEREAS: the property is zoned Limited Commercial (C-2) District, which permits a storage facility 2 with an approved use permit; WHEREAS: a storage facility 2 is defined by the City of Hampton Zoning Ordinance in Section 2-2 as “a building containing separate storage spaces which are leased or rented to the general public for storage purposes only, are fully enclosed with internal and/or external access to each individual unit, where the storage units are a part of mixed-use either within the building, parcel, or shopping center;” WHEREAS: the proposal reserves a minimum of thirty percent (30%) of the first floor area facing Mercury Boulevard for other permitted uses within the C-2 District; WHEREAS: the Hampton Community Plan (2006, as amended) recommends business/industrial land use for the subject site; WHEREAS: there are eight (8) conditions attached to this use permit application for a self- storage operation, related to issuance of the permit, reservation of floor area for other permitted uses, mixed-use, outdoor storage, elevations, and surveillance; 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 Carole Garrison and seconded by Commissioner Trina Coleman, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 21-00009, with eight (8) conditions. Work Session & Public Meeting Minutes 20221020 Page 3  A roll call vote on the motion resulted as follows: AYES: Brooks, Harper, Coleman, Garrison, Brown, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: None 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 are required for each item. Mr. O’Neill read the public hearing notice on the next two agenda items. B. RZ 22-00005 – ROMERO PROPERTIES, LLC, 924 OLD BIG BETHEL RD, [LRSN: 4000717], RESIDENTIAL TRANSITION (RT-1) DISTRICT TO MULTIFAMILY RESIDENTIAL (M-4) DISTRICT, 16 UNIT, TOWNHOME STYLE DEVELOPMENT, CONJUNCTION WITH UP 22-00016 Rezoning Application No. 22-00005: This is a rezoning application by Romero Properties, LLC to rezone + 1.3 acres located at 924 Old Big Bethel Rd [LRSN: 4000717]. The application is to rezone the property from Residential Transition (RT- 1) District to Multifamily Residential (M-4) District with conditions, to build a 16 unit, townhome style development. The Hampton Community Plan (2006, as amended) recommends mixed-use for this site. C. UP 22-00016 – ROMERO PROPERTIES, LLC, 924 OLD BIG BETHEL RD, [LRSN: 4000717], MULTIFAMILY DWELLINGS, CONJUNCTION WITH RZ 22-00005 Use Permit Application No. 22-00016: This is a use permit application by Romero Properties, LLC, to permit multifamily dwellings at 924 Old Big Bethel Rd [LRSN: 4000717]. This application is in conjunction with Rezoning Application No. 22-00005, which proposes to rezone the property to Multifamily Residential (MD-4) District, which would allow multifamily dwellings with an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed-use for this site. City Planner Olivia Askew presented the staff report on the subject applications, copies of which are attached to the original minutes. Staff recommends approval of Rezoning Application No. 22-00005 with fifteen (15) conditions and Use Permit Application No. 22-00016 with eight (8) conditions. Mrs. Brown explained that legally the use permit application cannot not be approved with the denial of the rezoning application. In response to a question from Commissioner Garrison, Ms. Askew advised that the site was 1.3 acres. Ms. Garrison voiced her concerns with placing a development on a property that size. Moses Romero, the applicant, provided a presentation on the application. Mr. Romero was also available to respond to questions from the Planning Commission. David Wineman is opposed to the applications. Linda Lloyd is opposed to the applications. Work Session & Public Meeting Minutes 20221020 Page 4  There being no questions or speakers, the Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a rezoning application by Romero Properties, LLC to rezone +1.3 acres located at 924 Old Big Bethel Rd [LRSN: 4000717] from Residential Transition (RT-1) District to Multifamily Residential (M-4) District with fifteen (15) proffered conditions; WHEREAS: the rezoning application is in conjunction with Use Permit No. 22-00016; WHEREAS: the proposal includes the development of sixteen (16) townhome style multifamily dwellings divided between three (3) two-story buildings; WHEREAS: the proposed development includes high quality building materials, exterior generator hook-ups, two (2) electric vehicle charging stations, permeable pavers, and a central community courtyard; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use for this property. The Plan defines mixed-use as the development of two or more compatible uses within a parcel, structure, or the same block; WHEREAS: the Hampton Community Plan (2006, as amended) identifies Big Bethel Road as a Residential Corridor with Commercial Nodes and compatible uses within Residential Corridors include medium to low density residential; WHEREAS: the site was part of a comprehensive rezoning (RZ1117) to RT-1, which was supported by the community for the purpose of allowing expanded uses in the area while maintaining a residential character; WHEREAS: the proposed development is approximately twelve (12) dwelling units per acre (DU/A), which the Hampton Community Plan (2006, as amended) defines as medium density residential; WHEREAS: medium density residential uses are an appropriate transition between single family residential neighborhoods and non-residential uses; WHEREAS: sixteen (16) proffered conditions include limitation of use, substantial conformance with the concept plan and elevations, a maximum density of 16 dwelling units, the use of high quality building materials, the use of high quality fencing materials, the construction of a community amenity, the inclusion of resilient and sustainable elements, screening of HVAC systems, approval of a landscape plan, and compliance with the City’s “Outdoor Lighting Policy and Procedures;” WHEREAS: City staff recommends approval of this rezoning application; and WHEREAS: Two (2) members of the public spoke in opposition of this application. NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner Trina Coleman, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council denial of Rezoning Application No. 22-00005. Work Session & Public Meeting Minutes 20221020 Page 5  A roll call vote on the motion resulted as follows: AYES: Brooks, Harper, Coleman, Garrison, Brown, NAYS: Bond, Kellum ABSTAIN: None ABSENT: None The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application by Romero Properties, LLC, to permit multifamily dwellings at 924 Old Big Bethel Rd [LRSN: 4000717]; WHEREAS: the use permit application is in conjunction with rezoning No. 22-00005; WHEREAS: the proposal includes the development of sixteen (16) townhome style multifamily dwellings divided between three (3) two-story buildings; WHEREAS: the proposed development includes high quality building materials, exterior generator hook-ups, two (2) electric vehicle charging stations, permeable pavers, and a central community courtyard; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use for this property. The Plan defines mixed-use as the development of two or more compatible uses within a parcel, structure, or the same block; WHEREAS: the Hampton Community Plan (2006, as amended) identifies Big Bethel Road as a Residential Corridor with Commercial Nodes and compatible uses within Residential Corridors include medium to low density residential; WHEREAS: City staff recommends eight (8) conditions including compliance with the proffered conditions, installation and maintenance of the community amenities, flexibility in the type of permeable paver system utilized in the development, and signage for the electric vehicle charging stations; WHEREAS: City staff recommends approval of this use permit application; and WHEREAS: Two (2) members of the public spoke in opposition of this application. NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner Tracy Brooks, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council denial of Use Permit Application No. 22-00016. A roll call vote on the motion resulted as follows: AYES: Brooks, Harper, Coleman, Garrison, Brown, NAYS: Bond, Kellum ABSTAIN: None ABSENT: None Work Session & Public Meeting Minutes 20221020 Page 6  A ten (10) minute recess was taken at 4:58 P.M. The Planning Commission meeting resumed at 5:08 P.M. Mr. O’Neill read the public hearing notice on the last agenda item, and advised the Commissioners that there would be a multi-staff presentation due to the complexity and length of the application. D. RZ 22-00003 – MARC GLOYESKE, NP HAMPTON COMMERCE CENTER, LLC, 700 & 750 SHELL ROAD, [LRSN: 1004270 & 13004501, RESPECTIVELY), ONE FAMILY RESIDENTIAL (R-13) DISTRICT TO LIGHT MANUFACTURING (M-2) DISTRICT Rezoning Application No. 22-00003: This is a rezoning application by Marc Gloyeske, representing NP Hampton Commerce Center, LLC, to rezone +63.43 acres located at 700 and 750 Shell Road [LRSN: 1004270, 13004501], commonly known as the former site of the Virginia School for the Deaf, Blind, and Multi- Disabled, which closed in 2008, and including a proposed vacated portion (+1.45 acres) of Pine Avenue. The application is to rezone the property from One Family Residential (R-13) District to Light Manufacturing (M-2) District with conditions. Approval of this application would permit a mixture of light manufacturing uses to include warehousing and distribution. The Hampton Community Plan (2006, as amended) recommends business/industrial use for this site. Interim Deputy Director/Deputy City Attorney Bonnie Brown presented the portion of the staff report regarding the legal context and a history of the acquisition of the property. Planning & Zoning Administration Manager Mike Hayes provided information on the land use plan and community engagement for the application. In response to a question from Commissioner Brown, Mr. Hayes advised that the developer received input from the community meetings. The residents attending the meetings primarily opposed the development. In response to a question from Commissioner Garrison, Mr. Hayes advised that all stormwater runoff from the property would be retained on site. In response to a question from Chairman Kellum, Mr. Hayes advised that the berm and sound wall would total 16’ feet in height. Chief Planner Donald Whipple added that the wall would eventually be better hidden as the vegetation develops. In response to a question from Commissioner Coleman, Mr. Hayes replied that all property owners are required to sign approving the application. He explained that NorthPoint is the applicant and company developing the property. The others listed in the application are current property owners. Ms. Brown further added that part of the reason all owners sign the application is because all of the property owners must sign off as grantors. The proffers will run with the land. NP Hampton Commerce is also listed in the proffers. In response to a question from Commissioner Garrison, Mr. O’Neill responded that the eleven acres were set aside and are not to be sold as part of any development. The City will work with the neighborhood jointly to create a community asset to honor the history of the site. At this current time, the specifics of what it will be are unknown. Work Session & Public Meeting Minutes 20221020 Page 7  Marc Gloyeske, Vice President of NorthPoint, provided a presentation on the application. Mr. Gloyeske was also available to respond to questions from the Planning Commission. In response to Commissioner Brown concerns that the developer did not engage the local community's residents adequately, Mr. Gloyeske responded that the citizens' lack of interest in discussing an industrial use was brought up in dialogue. In response to a question from Commissioner Brown, Mr. Gloyeske stated one of the commitments made in the development agreement with EDA is that NorthPoint would have at least four different tenants in order to provide a diverse range of pay. He also discussed electric vehicles to cut down on emissions. In response to a question from Vice-Chair Harper, Mr. Gloyeske responded that $100,000 would be donated to the City of Hampton to commemorate the Virginia School for the Deaf, Bind, and Multi-Disabled on the eleven acres. Mr. O’Neill added that the Mayor and City Manager would decide what is done with the money. In response to a question from Commissioner Garrison, Mr. Gloyeske stated the conservation area is written in the proffer agreement. The developer would not be able to remove the trees without coming before the Planning Commission. Mr. Gloyeske requested the three (3) minutes of rebuttal time after the public hearing. Reverend John Kenney is opposed to the application. Dr. Gerard Ruff is in support of the application. Travis Hall is in support of the application. Greg Garrett is in support of the application. Nancy Williams is opposed to the application. Joan Weaver is opposed to the application. Aaron Weaver is opposed to the application. Richard Edwards is in support of the application. Chris Spells is in support of the application. Logan Beck is in support of the application. Chris Gullickson is in support of the application. Lang Williams is in support of the application. Annalisa Schaeperkoetter is opposed to the application. Ray Johnson is in support of the application. Robert Smith is opposed to the application. Work Session & Public Meeting Minutes 20221020 Page 8  Valerie Santos is in support of the application. Dariel Tillery is in support of the application. Rekcki King Santos is in support of the application. Joyce Edwards is in support of the application. Angela Holloway is opposed to the application. James Eley is in support of the application. Tara Gengler is in support of the application. Claude Vann, III is opposed to the application. Joe Baker is in support of the application. Chairman Kellum thanked the speakers for sharing their positions and closed the public hearing. Mr. Gloyeske offered to respond to any follow-up questions from the Commission. Commissioner Brown thanked the public speakers for coming out to the meeting. Mr. Brown added that he has worked for the community for over 40 years and has tried to make the best decisions for the community. He believes that Northpoint is a great company but does not believe that the development would yield high paying jobs for the community. He added that when he spoke with residents that live in the community, he couldn’t find one resident that agreed with the proposal. There are a number of industrial businesses in this area and he does not believe that the increased vehicle traffic from the new development would not add to toxic emissions. Vice-Chair Harper added that he grew up in the area and had many friends and family that benefited from the school. He believes that the needs of the community are not being met properly by the new development. He stated that a city runs off of people. The City owes it to the residents to address their needs and concerns. Mr. Harper added that he would like to see the residents, NorthPoint and the City have a dialogue to ensure that the residents’ concerns are addressed properly. Commissioner Bond thanked everyone in the public for coming to the meeting. He stated that he heard from more citizens tonight who supported the proposal than opposed to it. Although he did not attend any of the community meetings, he is unsure if the speakers that supported the proposal tonight actually lived in the community. However, there was dialogue and initiative to engage with the community. Mr. Bond added that everyone will not be happy with the vote, but he had spoken with people in the community who agree that there is a need for jobs, raising the tax base, and improving this area. Commissioner Garrison added that it is difficult to strike a balance but as a Commissioner she does her best to do that. It is very hard to have a development on a large area of land and have trucks in and out without chaos. Work Session & Public Meeting Minutes 20221020 Page 9  Commissioner Coleman commented that she was concerned about transparency, if what is proposed will actually be done with the site. She opined that a memorial out of respect for the site's history is both minimalizing and patronizing. She believed that the developers attempting to appease the community near the proposed development. Ms. Coleman noted that as a Commissioner, it is her responsibility to weigh the evidence to determine if the rezoning would benefit the City of Hampton; but she must also consider the tax-paying residents who live next to the property. After thanking the speakers for attending, Commissioner Brooks stated that she supports workforce development and citizens earning a living wage. She added that she is considering if this plan will bring that to the area. She is also considering the citizens who live in the community. Ms. Brooks promised to do her best when casting her vote. Chairman Kellum stated that she had a lengthy association with the institution. She had reservations about the development and was allowed to tour the location. Moreover, one person does not define our community, it is about bringing everyone together. Ms. Kellum stated that she was confident that the locals in the community would be able to contribute to the 11 acres earmarked for a memorial. Ms. Kellum added that she trusts that a company that has successfully brought growth and development in Detroit can do the same for the city of Hampton. WHEREAS: the Hampton Planning Commission has before it this day a rezoning application by Marc Gloyeske on behalf of NP Hampton Commerce Center LLC to rezone 700 and 750 Shell Road [LRSN: 1004270, 13004501], commonly known as the former site of the Virginia School for the Deaf, Blind, and Multi-Disabled, which closed in 2008, and a vacated portion (+1.45 acres) of Pine Avenue, totaling +63.43 acres, from One Family Residential (R-13) District to Light Manufacturing (M-2) District with twelve (12) proffered conditions; WHEREAS: the proposed development includes creating two (2) new lots: Lot A +33.68 acres and Lot B +29.75 acres. Each lot would contain a new multi-tenant industrial building: Building 1, +540,700 square feet on Lot A and Building 2, +300,600 square feet on Lot B. Proposed uses would focus on office, technology, research and development, light manufacturing/assembly, and warehouse storage uses as limited to those included in the proffer agreement; WHEREAS: the proposed development also includes approximately 5,600 SF of space in Building 1 dedicated towards Workforce Training and Development; WHEREAS: the property is zoned One Family Residential (R-13) District, which was a default zoning district applied to properties that were not previously subject to local zoning (such as state-owned property) when brought into the local zoning jurisdiction; WHEREAS: the Hampton Community Plan (2006, as amended) recommends business/industrial land use for this property. The Plan defines business/industrial as existing and future areas appropriate for employment centers, business parks, research and development, and manufacturing; WHEREAS: the Plan also recognizes Aberdeen Road and W. Pembroke as business corridors, which are mostly influenced by commercial and/or industrial land uses; Work Session & Public Meeting Minutes 20221020 Page 10 WHEREAS: this proposal is consistent with the City’s adopted land use policy as articulated in the adopted Hampton Community Plan (2006 as amended). These policies address land use and community design, transportation, environmental stewardship, and economic development policies; WHEREAS: the subject property is adjacent to commercial and industrial land uses to the north and west and adjacent to single family residential land uses to the south and east; WHEREAS: the subject site is a rare, large, undeveloped site which is uniquely situated in close proximity to key regional transportation corridors both in terms of highways and rail and is proximate to the southern edge of Copeland Industrial Park, a 423-acre industrial park (adjacent to the convergence of Interstates 64 and 664). This geographic location places the site within easy access to several regional terminals; WHEREAS: the Plan supports the protection of established neighborhoods and in an ideal land use scenario business/industrial land uses would not directly abut low density residential neighborhoods; WHEREAS: the community has expressed concern over the loss of the school and potential loss of the property as a community asset and have voiced concerns with potential noise, traffic, and drainage/flooding impacts associated with a business/industrial development; WHEREAS: the City of Hampton must address the balance between protecting the neighborhood and assuring that the City continues to develop in a way that provides high quality employment opportunities, improves the commercial tax base, and helps one of the region and state’s most critical industries (maritime and logistics) thrive; WHEREAS: the proposal incorporates a substantial set of conditions (12) which limit the range of permitted uses; specifies landscape buffers on all sides of the proposed development, including a sound wall along the property line adjacent to Childs Avenue, mandates that all traffic entering or leaving the development must access the site from a new primary entrance on Aberdeen Road, limitation on idling of trucks, provides appropriate stormwater management facilities to properly collect and treat stormwater runoff and site drainage onsite, provision and maintenance of a 10 foot wide shared-use path within the vacated Pine Avenue, and offers well-designed buildings with high quality building materials; WHEREAS: City staff believes these proffers successfully address the potential impacts of the proposed development; WHEREAS: City staff has received three (3) correspondence from citizens in opposition of this request; WHEREAS: City staff has received four (4) correspondence from citizens in support of this request; WHEREAS: City staff recommends approval of this rezoning application; and Work Session & Public Meeting Minutes 20221020 Page 11