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, DECEMBER 15, 2022 AT 3:00 P.M. Vice-Chair Michael Harper called the meeting to order at 3:05 P.M. A call of the roll noted Commissioners Tracy Brooks, Trina Coleman, Carole Garrison and Vice-Chair Harper as being present. Commissioners Steven Brown, Steven Bond, and Chairman Ruthann Kellum were noted as absent; however, Commissioner Brown arrived after the roll call. Staff in attendance was Interim Deputy Director/Deputy City Attorney Bonnie Brown, Acting Secretary to the Commission/Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, Chief City Planner Donald Whipple, Resiliency Specialist Olivia Askew, Neighborhood Development Associate Cashayla Rodgers, Administrative Assistant Laura Walker, Senior Youth Planner Kyra Reed, and Recording Secretary/Administrative Assistant Chasity Autry. The Commission and staff discussed agenda items, with the following information being provided. Rezoning Application No. 22-00008 and Use Permit Application No. 22-00001 are companion items involving the same proposed development at the former site of the Lincoln Park Housing Development. The applicant, Olde Hampton Village Developers, LLC, is requesting to rezone 16 properties to permit multifamily dwellings The applicant has indicated to staff that they will be requesting a deferral of both items to the January 19, 2023 agenda, in order to consider amendments to the proffer statement which will affect staff’s recommended conditions. Staff supports the deferral. As the items have been advertised for the public hearing, the Planning Commission will have to vote on both items. A separate motion and vote are required for each item. Use Permit Application No. 22-00020 by the Hampton Newport News Community Services Board to permit a mental health/substance abuse treatment facility at 300 Marcella Road. Commissioner Brown serves on the Executive Board and will likely recuse himself from discussion and voting on the item. Condition #4 – Certification was revised after the Planning Commission package was distributed and published. The revised conditions will be distributed to the members during the meeting. Ms. Brown informed the Commissioner of the procedure regarding voting when there is not a quorum due to Commissioners recusing themselves. The majority of members present and voting can approve a motion. Planning Commission members discussed various related topics including recent items that have been approved by City Council. The work session adjourned at 3:15 P.M. Work Session & Public Meeting Minutes 20221215 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, DECEMBER 15, 2022 AT 3:30 P.M. l. CALL TO ORDER Vice-Chair Michael Harper called the meeting to order at 3:30 P.M. II. ROLL CALL A call of the roll noted Commissioners Tracy Brooks, Trina Coleman, Carole Garrison, Steven Brown and Vice-Chair Michael Harper as being present. Commissioner Steven Bond and Chairman Ruthann Kellum were noted as absent. Staff in attendance was Interim Deputy Director/Deputy City Attorney Bonnie Brown, Acting Secretary to the Commission/Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, Chief City Planner Donald Whipple, Resiliency Specialist Olivia Askew, Neighborhood Development Associate Cashayla Rodgers, Administrative Assistant Laura Walker, Senior Youth Planner Kyra Reed, and Recording Secretary/Administrative Assistant Chasity Autry. III. MINUTES OF NOVEMBER 17, 2022 WORK SESSION & PUBLIC MEETING A motion was made by Commissioner Steven Brown and seconded by Commissioner Tracy Brooks to approve the minutes of the November 17, 2022 Work Session and Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Brown, Harper NAYS: None ABSTAIN: None ABSENT: Bond, Kellum Commissioner Coleman abstained from voting on the minutes because she was not present at the November 17, 2022 meeting. IV. PUBLIC HEARING ITEMS Acting Secretary to the Commission/Planning & Zoning Administration Manager Michael Hayes read the key points of the Hampton Planning Commission Public Hearing/Comment. The first two (2) public hearing items are companion items involving the same proposed development. A separate motion and vote are required for each item. Mr. Hayes read the public hearing notice on the first two agenda items. A. RZ 22-00008 – OLDE HAMPTON VILLAGE DEVELOPERS, LLC, INTERSECTIONS OF LASALLE AVENUE AND WEST PEMBROKE AVENUE, WEST PEMBROKE AVENUE AND WEST QUEEN STREET, AND WEST QUEEN STREET AND MICHIGAN DRIVE [LRSNS: 2 0 0 0 3 7 0 , 2 0 0 0 4 0 4 , 2 0 0 0 4 0 2 , 2 0 0 0 3 6 9 , 2 0 0 0 4 0 3 , 2 0 0 0 4 0 1, 2 0 0 0 3 6 8 , 2 0 0 0 4 0 0, 2 0 0 0 3 8 5 , 2 0 0 0 3 8 6, 2 0 0 0 2 2 9 , 2 0 0 0 2 3 0 , 2 0 0 0 2 3 1 , 2 0 0 0 2 3 2 , 2 0 0 0 2 3 3 , 2 0 0 0 2 3 4], COMMONLY KNOWN AS THE FORMER SITE OF THE LINCOLN PARK HOUSING DEVELOPMENT, MULTIPLE RESIDENTIAL (R-M) DISTRICT TO DOWNTOWN BUSINESS (DT-1) DISTRICT, MULTIFAMILY DWELLING UNITS, TOWNHOME UNITS, AND LIGHT COMMERCIAL USES, CONJUNCTION WITH UP NO. 22-00001 Work Session & Public Meeting Minutes 20221215 Page 2  Rezoning Application No. 22-00008: This is a rezoning application by Olde Hampton Village Developers, LLC to rezone 16 properties, totaling +22.78 acres at the intersections of LaSalle Avenue and West Pembroke Avenue, West Pembroke Avenue and West Queen Street, and West Queen Street and Michigan Drive [LRSNs: 2000370, 2000404, 2000402, 2000369, 2000403, 2000401, 2000368, 2000400, 2000385, 2000386, 2000229, 2000230, 2000231, 2000232, 2000233, 2000234], commonly known as the former site of the Lincoln Park Housing Development. The application is to rezone the properties from Multiple Residential (R-M) District to Downtown Business (DT-1) District with conditions. Approval of this application would permit the development of approximately 380 multifamily dwelling units, 118 townhome units, and 6,000 sq. ft. of light commercial uses. The Hampton Community Plan (2006, as amended) recommends high-density residential for this site. The applicant has requested to defer Rezoning Application No. 22-00008 to the January 19, 2023 Planning Commission meeting, to allow the applicant additional time to work with City staff on finalizing specifics of the application. There were no public speakers signed up to speak on the subject application. A motion was made by Commissioner Carole Garrison and seconded by Commissioner Tracy Brooks to defer Rezoning Application No. 22-00008 to the January 19, 2023 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Brown, Harper NAYS: None ABSTAIN: None ABSENT: Bond, Kellum B. UP 22-00001 – OLDE HAMPTON VILLAGE DEVELOPERS, LLC, INTERSECTIONS OF LASALLE AVENUE AND WEST PEMBROKE AVENUE, WEST PEMBROKE AVENUE AND WEST QUEEN STREET, AND WEST QUEEN STREET AND MICHIGAN DRIVE [LRSNS: 2 0 0 0 3 7 0 , 2 0 0 0 4 0 4 , 2 0 0 0 4 0 2 , 2 0 0 0 3 6 9 , 2 0 0 0 4 0 3 , 2 0 0 0 4 0 1, 2 0 0 0 3 6 8 , 2 0 0 0 4 0 0, 2 0 0 0 3 8 5 , 2 0 0 0 3 8 6, 2 0 0 0 2 2 9 , 2 0 0 0 2 3 0 , 2 0 0 0 2 3 1 , 2 0 0 0 2 3 2 , 2 0 0 0 2 3 3 , 2 0 0 0 2 3 4], COMMONLY KNOWN AS THE FORMER SITE OF THE LINCOLN PARK HOUSING DEVELOPMENT, MULTIPLE RESIDENTIAL (R-M) DISTRICT TO DOWNTOWN BUSINESS (DT-1) DISTRICT, MULTIFAMILY DWELLING UNITS, TOWNHOME UNITS, AND LIGHT COMMERCIAL USES, CONJUNCTION WITH RZ NO. 22-00008 Use Permit Application No. 22-00001: This is a use permit application by Olde Hampton Village Developers, LLC to permit multifamily dwellings at the intersections of LaSalle Avenue and West Pembroke Avenue, West Pembroke Avenue and West Queen Street, and West Queen Street and Michigan Drive [LRSNs: 2000370, 2000404, 2000402, 2000369, 2000403, 2000401, 2000368, 2000400, 2000385, 2000386, 2000229, 2000230, 2000231, 2000232, 2000233, 2000234], commonly known as the former site of the Lincoln Park Housing Development. This application is in conjunction with Rezoning Application No. 22-00008, which proposes to rezone the property to Downtown Business (DT-1) District, which would allow multifamily dwellings with an approved use permit. The Hampton Community Plan (2006, as amended) recommends high-density residential for this site. Work Session & Public Meeting Minutes 20221215 Page 3  The applicant has requested to defer Use Permit Application No. 22-00001 to the January 19, 2023 Planning Commission meeting, to allow the applicant additional time to work with City staff on finalizing specifics of the application. There were no public speakers signed up to speak on the subject application. A motion was made by Commissioner Tracy Brooks and seconded by Commissioner Trina Coleman to defer Use Permit Application No. 22-00001 to the January 19, 2023 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Brown, Harper NAYS: None ABSTAIN: None ABSENT: Bond, Kellum Mr. Hayes read the public hearing notice on the next agenda item. C. UP 22-00013 – NAKEISHA CUMMINGS, 4111 W. MERCURY BOULEVARD [LRSN: 13003605], RESTAURANT 3 Use Permit Application No. 22-00013: This is a use permit application by Nakeisha Cummings to permit a restaurant 3 for extended hours of operation and extended outdoor dining hours at 4111 W Mercury Blvd. [LRSN: 13003605], near the intersection of W Mercury Blvd and Martha Lee Dr. The property is currently zoned limited commercial (C-2) which permits restaurant 3 subject to an approved a use permit. The Hampton Community Plan (2006, as amended) recommends commercial use for this site. City Planner Davis Pemberton 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. 22-00013 with sixteen (16) conditions. The applicant was available to respond to questions. In response to questions from Commissioner Brown, Mr. Pemberton responded that because the outside dining space was roughly 70 feet from a residential dwelling, there is a possibility that the prolonged hours and noise may be a concern for the neighbors. Mr. Brown believes that the applicant should be allowed to operate during the hours they have requested. It is incumbent that the City gives businesses the opportunity to thrive and do well. He added that he can understand changing the requested business hours if there are preexisting problems with the business prior to moving to a new location. In response to a question from Commissioner Coleman, Mr. Pemberton pointed out the restaurant and outdoor dining area on a map in the presentation. In response to questions from Vice-Chair Harper, Mr. Pemberton stated that a community meeting was held on November 1st. All residents along Candlewood Drive were notified of the community meeting. There were no attendees at the meeting. Also, no one has raised any concerns with the staff or objected to the proposed application. The restaurant will have live entertainment indoors. Work Session & Public Meeting Minutes 20221215 Page 4  Vice-Chair welcomed Mr. Pemberton to the Planning Commission meeting and complimented him on the presentation. In response to a question from Commissioner Brooks, Mr. Pemberton responded that there is a vegetation buffer and a dumpster pad located between the back of the restaurant and the residential area behind the building. Mr. Hayes added that the trees are located on the single-family lots. He also believes that there is a drive aisle and a small strip of grass on the commercial site. In response to a question from Commissioner Brown, Deputy City Attorney Bonnie Brown stated that if there is a motion to approve the application, any amendment to a condition should be noted at the time of the motion. Mr. Brown and Mr. Harper clarified that the motion should include an amendment to Condition #7 – Outdoor Dining Hours, to align the outdoor dining hours with the restaurant’s general hours of operation. 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 application by the Nakeisha Cummings to permit a restaurant 3 at 4111 W Mercury Blvd [LRSN: 13003605]; WHEREAS: the establishment proposes to have general operating hours from 5:00 AM until 12:00 AM, Sunday through Thursday, and 5:00 AM until 2:00 AM, Friday and Saturday; WHEREAS: the establishment proposes to have outdoor dining hours from 5:00 AM to 10:00 PM, Sunday through Thursday, and 5:00 AM to 12:00 AM on Friday and Saturday; WHEREAS: the property is currently zoned Limited Commercial (C-2), which permits a restaurant 3 with an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends commercial for the subject site; WHEREAS: there are sixteen (16) recommended conditions limiting the hours of operation of the restaurant from 5:00 AM to 12:00 AM Sunday through Thursday, and 5:00 AM to 2:00 AM, Friday through Saturday; outdoor dining hours shall not exceed 5:00 AM to 10:00 PM, Sunday through Saturday; location of live entertainment; location of outdoor dining; capacity and use of the banquet area; security; and compliance with applicable laws; WHEREAS: City staff recommends approval of this use permit application; WHEREAS: Planning Commission amended the staff recommended condition regarding the outdoor dining hours of operation, extending the hours to be consistent with the restaurant hours 5:00 AM to 12:00 AM Sunday through Thursday, and 5:00 AM to 2:00 AM, Friday through Saturday; and WHEREAS: no one from the public spoke on this application. Work Session & Public Meeting Minutes 20221215 Page 5 NOW, THEREFORE, on a motion by Commissioner Trina Coleman and seconded by Commissioner Steven Brown, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 22-00013 with sixteen (16) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Brown, Harper NAYS: None ABSTAIN: None ABSENT: Bond, Kellum D. UP 22-00020 – HAMPTON NEWPORT NEWS COMMUNITY SERVICES BOARD, 300 MARCELLA ROAD [LRSN: 7001308], MENTAL HEALTH/SUBSTANCE ABUSE TREATMENT FACILITY Use Permit Application No. 22-00020: This is a use permit application by the Hampton Newport News Community Services Board to permit a mental health/substance abuse treatment facility at 300 Marcella Road [LRSN: 7001308], at the intersection of Marcella Rd and Hartford Rd. The property is currently zoned Limited Commercial (C-2) and Overlay – Coliseum Central (O-CC) Districts. The Hampton Community Plan (2006, as amended) recommends mixed use for this site. Proposed Zoning Ordinance Amendments, ZOA 22-00007 and ZOA 22-00008, if approved, would permit a mental health/substance abuse treatment facility within Limited Commercial (C-2) and Overlay – Coliseum Central (O-CC) Districts, subject to an approved use permit. The referenced ZOAs are scheduled to be heard by City Council on December 14, 2022. Chief Planner Donald Whipple presented the staff report on the subject applications, copies of which are attached to the original minutes. Staff recommends approval of Rezoning Application No. 22-00020 with eleven (11) conditions. Mr. Whipple added that to Condition #4 – Certification was revised after the Planning Commission package was distributed and published. The motion should the motion should include the amendment. In response to a question from Vice-Chair Harper, Mr. Whipple clarified that the motion for vote will include the amended conditions. After speaking with the City Attorney, Commissioner Steven Brown disclosed for the record that he currently serves on the Board of Directors for the Hampton Newport News Community Services Board (CSB). Mr. Brown stated that he does not have a financial interest nor is he paid for his volunteer services with the CSB. He will recuse himself from discussion on the subject application and will abstain from voting on the application. Crisis Director Ryan Dudley, representing the applicant Hampton Newport News Community Services Board, was available to respond to questions. Carl Gaborik, representing the property owner Sentara Healthcare, was available to respond to questions. Clinical Administrator Ron Clark, representing the applicant Hampton Newport News Community Services Board, was available to respond to questions. Work Session & Public Meeting Minutes 20221215 Page 6  Raymond Tripp, Executive Director of Coliseum Central Business Improvement District (CCBID), 2101 Executive Drive, represents the CCBID Board of Directors. The Board supports the services and understands the needs served by the CSB; however, they are opposed to and have concerns regarding the location of the site for the facility. Mr. Tripp added that the Board supports the staff’s recommended conditions attached to the application with an amendment to the Security Plan. They are requesting that the security cameras be connected to HPD’s real time information center and license plate readers be installed at both the entrance and exit points to the property. The Board also requests that the facility hire a certified private security firm and refrain from using the HPD. Signage should be limited to Sentara or Hampton Newport News Community Services Board and prohibit language related to drugs or substance abuse. In response to a question from Commissioner Garrison, Mr. Tripp replied that HPD currently uses license plate readers in the community. The CCBID also uses license plate readers in the Coliseum Central District to view recordings of the license plates. Mrs. Garrison voiced concerns that a person may not receive the needed help if they believe their license plate is being recorded. Mr. Tripp clarified that the license plate readers only record plates that have been noted as suspicious or involved in crimes. In response to questions from Vice-Chair Harper, Ms. Brown responded that she had legal concerns with the proposed conditions that Mr. Tripp stated. The conditions could pose a HIPPA violation but is not a primary issue that staff looked at. There are also privacy concerns. The license plate readers and security cameras linked to HPD’s real time information center are typically agreements made with property owners and are not required by zoning regulations. In order to impose a constraint on a use, staff must first determine that there is a need for the condition that the use is causing. Ms. Brown concluded that legally there is not a nexus between the proposed use and license plate readers. A number of applicants want to opt-in to the real time information center. Some conditions can be voluntary but are not required through government regulations. HPD offers extra-duty officers to provide security through a voluntary agreement with the applicant. The City cannot dictate content of signage through zoning regulations; it is a First Amendment issue. However, staff did take into consideration the proposed conditions requested by the BID but for policy and legal reasons, they were not included in the recommended conditions. In response to questions from Commissioner Coleman, Mr. Hayes stated that the City has other mental health/substance abuse facility. This application is the first use permit application submitted for this type of facility, with conditions added. Mr. Hayes is not familiar with another facility in the City that uses license plate readers. This condition has never been added to a property of this type by the City. Mr. Hayes stated that per the conditions, the applicant’s security plan is vetted by HPD. There have not been concerns raised or reports of this type of facility increasing crime or being directly associated with a crime. In response to questions from Vice-Chair Harper, Mr. Tripp commented that the Board was not allowed the opportunity to discuss the location of the facility with City staff. The Board would like to place conditions on the use to protect the surrounding residents, offices, and retail. Mr. Tripp added that the clientele that the facility brings in is a source of concern for the board. The board believes that there are better locations for this sort of facility in the City. Mr. Hayes clarified that the zoning ordinance amendment regarding these types of facilities require a use permit. The Planning Commission can recommend approval or denial of the application based on the location and/or conditions. Work Session & Public Meeting Minutes 20221215 Page 7  In response to a question from Commissioner Coleman, Mr. Hayes stated that the applicant could provide more detail on the locations they considered for the facility. Staff tries to work with applicants on finding the best location for their use. Staff could not identify any factual basis as to why this facility should be treated differently from other medical facilities. This facility is located within close proximity to other medical facilities. The location is easily accessible to the hospital should additional or other care be needed. Commissioner Coleman concurred that the proposed facility is located centrally in the City and near a facility where people could receive additional assistance. In response to a question from Vice-Chair Harper, Mr. Hayes responded that the building was currently vacant. Ms. Brown noted that the CSB offered to meet with the BID to go through this application, but the BID declined to meet. In response to a question from Vice-Chair Harper, Mr. Tripp acknowledged that he was aware of the proposed meeting request. However, due to the meeting’s proximity to the Thanksgiving holiday, the Board members were unable to meet due to scheduling constraints. Vice-Chair Harper remarked that occasionally schedules have to be adjusted. The City is responsible for ensuring that assets are not sitting empty. 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 application by the Hampton/Newport News Community Services Board (H-NNCSB) to permit a mental health/substance abuse treatment facility at 300 Marcella Road [LRSN: 7001308]; WHEREAS: the applicant is proposing to renovate and repurpose the existing 20,284 square foot building; the primary components of which include: “23-hour observation” room, which will offer a period of assessment, treatment and stabilization for individuals up to a 23- hour period; 16 single-occupancy rooms, which will provide short-term residential admissions for individuals, typically lasting between 3 and 7 days; and evaluation rooms and personnel offices; WHEREAS: the property is currently zoned Limited Commercial (C-2) and Overlay – Coliseum Central (O-CC) Districts, which permits a mental health/substance abuse treatment facility with an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) and the Coliseum Central Master Plan (2015, as amended) recommends mixed-use for the subject site; WHEREAS: there are eleven (11) recommended conditions that address issuance of permit; capacity; state certification; security plan, landscaping and fencing plan; lighting, signage; adherence to the Coliseum Central Design Standards; and compliance with applicable laws; WHEREAS: City staff recommends approval of this use permit application; and WHEREAS: the Executive Director of the Coliseum Central Business Improvement District spoke in support of the general use but not at this location. Work Session & Public Meeting Minutes 20221215 Page 8 NOW, THEREFORE, on a motion by Commissioner Trina Coleman and seconded by Commissioner Tracy Brooks, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 22-00020 with eleven (11) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper NAYS: None ABSTAIN: Brown ABSENT: Kellum, Bond V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. YOUTH PLANNER PRESENTATION Senior Youth Planner Kyra Reed presented the Youth Planner Report for the Hampton Youth Commission (HYC). Youth Voice Committee held their meeting with the Hampton City School Board on November 21st at West Hampton Community Center. Some discussion topic included student safety, teacher retention and youth involvement. Two stakeholder meetings have been scheduled; Resilient Hampton on January 30th, and CIP on January 9th. The Community Participation Committee (CPC) is finalizing plans for the Holiday Gala, (Let it “Glow” Holiday Social). The event will be on Monday, December 19th, at Liberty Live Church at 5 p.m.-7 p.m. The Grants Committee is currently in the process of interview grant applicants for the upcoming grants cycle. Interviews were held on December 13th and December 14th. The Grants public hearing is scheduled for January 23rd. Five (5) grants applications have been received from the following applicants: • Our Youth Our Future – $2,500 for a series of Youth Summits • YMCA Youth and Government – $2,500 for a DIG (diversity, inclusion & global engagement) Summit • Our Youth Our Future – $2,500 for a series of Youth Summits • YMCA Leaders Club – $2,500 for Healthy Kids Day • Hampton High School GSA – $1,328 to host a lavender graduation for the GSA club members Upcoming Events: • Annual School Board Meeting with School Board members o January 23rd o Carolyn Heaps-Pecaro o Discussion on Resiliency and the youth of Hampton o West Hampton Community Center • Let it “Glow” Holiday Social o January 9th o Attendees include HYC, Youth Advisory Group and Newport News’ Mayor’s Youth Commission Work Session & Public Meeting Minutes 20221215 Page 9