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Planning Commission Agendas & Minutes

Regular Meeting

Hampton, VA · January 19, 2023

AgendaMinutes

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, JANUARY 19, 2023 AT 3:00 P.M. Chair Ruthann Kellum called the meeting to order at 3:02 P.M. A call of the roll noted Vice-Chair Michael Harper, Commissioners Trina Coleman, Carole Garrison, Steven Bond, and Chairman Ruthann Kellum as being present. Commissioners Tracy Brooks and Steven Brown were noted as absent. Staff in attendance was Secretary to the Commission/Community Development Director Terry O’Neill, Interim Deputy Director/Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, Resiliency Specialist Olivia Askew, Support Services Administrative Coordinator Kristie Graves, Recording Secretary/Administrative Assistant Laura Walker. The Commission and staff discussed agenda items, with the following information being provided. Rezoning Application No. 22-00008 and Use Permit Application No. 22-00011 – Related 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 items were deferred at the December Planning Commission meeting in order to allow the applicant to finalize their proposed proffers. A separate motion and vote are required for each item. Rezoning Application No. 22-00011 and Use Permit Application No. 22-00018 – Related items by the Hampton Yacht Club. The Yacht Club is proposing site improvements for formalizing the entrance, adding a fence, expanding the waterfront plaza and limited small boat storage, while protecting the site line to the water from Victoria Boulevard. Commissioner Coleman shared that she is no longer a member of the Hampton Yacht Club and will be voting on the matter. The Yacht Club is paying to relocate the cannon. The Yacht Club maintains the cannon and the City has easement protections of the cannon. Capital Improvement Plan Briefing – The Budget Department will be providing a briefing on the CIP process. Hampton 2040 Community Plan Update – A mid-process check point meeting is scheduled for February 15, 2023. The meeting will be held at the Mary W. Jackson Neighborhood Center, 231 Lincoln Street, at 6:30 P.M. – 8:00 P.M. Each of the seven steering groups will present their groups draft vision statement and goals at this meeting. Planning Commission members discussed various related topics including projects in the City and recent items that have been approved by City Council. The work session adjourned at 3:23 P.M. Work Session & Public Meeting Minutes 20230119 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, JANUARY 19, 2023 AT 3:30 P.M. l. CALL TO ORDER Chair Ruthann Kellum called the meeting to order at 3:35 P.M. II. ROLL CALL A call of the roll noted Vice-Chair Michael Harper, Commissioners Trina Coleman, Carole Garrison, Steven Brown, Steven Bond and Chair Ruthann Kellum as being present. Commissioner Tracy Brooks was noted as absent. Staff in attendance was Secretary to the Commission/Community Development Director Terry O’Neill, Interim Deputy Director/Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, Chief City Planner Donald Whipple, Resiliency Specialist Olivia Askew, Junior Youth Planner Iyanna Hollis, Support Services Administrative Coordinator Kristie Graves, Recording Secretary/Administrative Assistant Laura Walker. III. MINUTES OF DECEMBER 15, 2022 WORK SESSION & PUBLIC MEETING Commissioner Carole Garrison noted a correction on the minutes for Item D. UP 22-00020 – Hampton Newport News Community Services Board, 300 Marcella Road [LRSN: 7001308], Mental Health/Substance Abuse Treatment Facility. Raymond Tripp, Executive Director of Coliseum Central Business Improvement District (CCBID) stated that the CCBID also uses license plate readers in the Coliseum Central District to view recordings of the license plates. A motion was made by Commissioner Carole Garrison and seconded by Commissioner Steven Brown to approve the minutes of the December 15, 2022 Work Session and Planning Commission meeting as corrected. A roll call vote on the motion resulted as follows: AYES: Harper, Coleman, Garrison, Brown, Bond NAYS: None ABSTAIN: Kellum ABSENT: Brooks Chair Kellum abstained from voting on the minutes as she was not present at the December 15, 2022 meeting. V. CAPITAL IMPROVEMENT PLAN BRIEFING Budget Director Lori Green provide a briefing on the Capital Improvement Plan (CIP). The City Council will have a retreat in February to review the CIP. Capital Improvement Plan: • Finance long-term acquisitions of property, construction and improvement projects, and equipment purchasing • Minimum cost of $50,000 • Life expectancy of at least five (5) years Work Session & Public Meeting Minutes 20230119 Page 2 CIP Projects Funding: • Bonds – Municipal loans • General Fund – City’s major fund (real estate/personal property/sales taxes) • Dedicated Sources – Revenue from certain taxes/fees • State & Federal – One-time funding for specific projects Restricted Funding Sources: • State Funding/Match – Maintenance of roads, bridges, street resurfacing, etc. • School Maintenance & Technology • Wastewater & Stormwater Restricted Projects • Federal and State regulations must be addressed, often times without funding from the regulatory agency FY 2023 – 2027 Council Strategic Priorities – Focus of the 5-year capital improvement spending plan and includes projects that advance Council’s priorities: • Economic Growth • Educated & Engaged Citizenry • Family Resilience & Economic Empowerment • Good Government • Living with Water • Placemaking • Safe & Clean Community FY 2023 – 2027 Council Strategic Priorities Funding Allocation: • Economic Growth – 5.1% • Educated & Engaged Citizenry – 19.6% • Good Government – 35.8% • Living with Water – 21.5% • Placemaking – 10.4% • Safe & Clean Community – 7.6% FY23 Capital Budget – $58.1 million, includes the following sample of projects: • 911 Emergency Operations Center • Darling Stadium Artificial Turf • Dredging • Enhanced Take Home Car Program • Grant Street Roadway • Guardrail Replacement • Financial System Upgrades • Maintenance of Public Properties/Facilities • School Maintenance & Technology • Resilient Hampton Stormwater Projects The current proposed plan is for Fiscal Year 2023 and the next four (4) years. The first year is funded as part of the Manager’s Recommended Budget. Additional years are planned but can shift. One year is added to the plan each year. Work Session & Public Meeting Minutes 20230119 Page 3 Traditional Challenges: • Limited resources • Unfunded Federal & State mandates • Maintaining existing infrastructure • Limited commercial tax base • Despite the influx of State revenues (e.g., ARPA funding), resources are still limited for project implementation Next Steps: • January 2023: Meeting with Community Stakeholder Groups (e.g., Boards and Commissions) • February 2023: City Council Budget Work Session • April 15th: FY24 Manager’s Recommended Budget delivered to City Council (includes Capital Budget component) • May 10th: City Council adopts FY24 Manager’s Recommended Budget V. PUBLIC HEARING ITEMS Secretary to the Commission//Community Development Director Terry O’Neill 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. O’Neill 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 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. This item was deferred from the December 15, 2022 Planning Commission meeting to allow the applicant to finalize the proffer statement. Work Session & Public Meeting Minutes 20230119 Page 4 B. UP 22-00011 – 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. 22-00011: 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. The use permit is required due to the proposed development not meeting the optional criteria for by-right multifamily development. The Hampton Community Plan (2006, as amended) recommends high-density residential for this site. The Hampton Community Plan (2006, as amended) recommends high-density residential for this site. Being in conjunction with Rezoning Application No. 22-00008, this item was deferred at the December 15, 2022 Planning Commission meeting. Resiliency Specialist 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. 22-00008 with proposed conditions and approval of Use Permit Application No. 22-00011 with five (5) conditions. The applicant was available to respond to questions. In response to a question from Commissioner Coleman, Ms. Askew responded that there is not a maximum to the amount of commercial space in the proposed development. However, the commercial space is limited to the area located on the conceptual plan. The applicant could build commercial space vertical but are not able to expand horizontally. They also cannot convert residential space to commercial space. In response to a question from Chair Kellum, Ms. Askew replied that the applicant can convert commercial space into residential space but would be required to come before the Planning Commission for a use permit. That is one of the recommended conditions. The developer intends to develop a daycare in the commercial space on the conceptual plan. In response to questions from Commissioner Coleman, Ms. Askew stated that the apartment units will be rentals, whereas the townhomes are intended to be owner-occupied fee simple. The applicant can respond to questions regarding the proposed daycare facility. In response to questions from Commissioner Garrison, Ms. Askew explained that 20% fenestration signifies transparency into the building, which can be doors and windows. The fenestration requirement is a means to provide “eyes on the street” as a planning theory to promote safety. The 20% amount is a good amount that allows people to see the street but is also Work Session & Public Meeting Minutes 20230119 Page 5 not restrictive in the type of design. The applicant has requested 15% fenestration which aligns with the proposed elevations for the development. Ms. Garrison voiced concerns with the doors being too narrow for an elderly person in a wheelchair. The senior housing will be rental units; the applicant can further explain. Ms. Garrison commented that the designs of the development are very nice. In response to a question from Commissioner Coleman, Ms. Askew stated that the applicant could explain the bedroom composition. In response to a question from Chair Kellum, Ms. Askew stated that the City always promotes various forms of transportation options, including biking. The minimum of 50 bicycle spaces is above what is required in the zoning district. Mr. O’Neill explained that the City has a Bicycle Pedestrian Plan which includes multiple areas. All of the pieces are not in effect at this time but are being implemented with new projects within the City. Ms. Kellum noted her concerns with safety for bicycle pedestrians along LaSalle and Pembroke Avenues. Mr. O’Neill further explained the various levels of bike riders in the City, as well as some of the various opportunities the City offers bike riders. The City tries to appeal to all of the different audiences and citizens. If interested, the Bicycle & Pedestrian Coordinator can provide a briefing on the City’s bicycle & pedestrian plan. Commissioner Brown commented that the project calls for a bike trail but the developer is wanting to add as many amenities to the development as possible. He looks forward to the developer sharing more information on the project. In response to a question from Commissioner Garrison regarding the exit off of Interstate 64 at the LaSalle and Armistead Avenue, Mr. O’Neill explained how staff uses the traffic impact assessments. The assessment identifies traffic conditions that require attention, are principally created by a project, or if a project is contributing to the traffic problem. With this particular proposed development, there are traffic issues in and around the area. The City should look at those issues, but they are not exclusive to this project. The traffic study helps to identify and quantify problems which may be corrected through transportation planning, and ultimately through CIP and other road funding projects. Ross Vierra and Nick Jacovides, Managing Directors representing the applicant Olde Hampton Village Developers, LLC, provided further information on the proposed development. The commercial space will be utilized as a childcare facility. Each home will have bike storage in the garages. In response to a question from Commissioner Coleman, Mr. Vierra stated that the adjacent property, Asbury Place, was acquired by an out-of-town multifamily developer. There is no barrier between the two properties; there is a Dominion Power easement between the two properties, at the back. The applicant is in talks with Dominion Power to add a dog park in the easement, which will be a shared use with Asbury Place. The dog park area will have fencing with access. The applicant will also add a low-level fencing for privacy at the southern area of the property close to Queen Street. The townhomes will cost $325,000 - $350,000. The rental units and age-restricted units will be $1,200 - $2,100 depending on the unit size. In response to questions from Commissioner Brown, Mr. Vierra responded that there will be 96 age-restricted units. The commercial space will be 6,000 square feet broken up into two areas of the building. The dog park will be in the Dominion Power easement where the power lines are located. There will also be dog wash area near the development’s clubhouse. Work Session & Public Meeting Minutes 20230119 Page 6 In response to a question from Vice-Chair Harper, Mr. Vierra stated that the age-restricted housing is an active age-restricted community. It will not offer medical, stepdown, or any type of assistance programs. The community will offer various amenities for seniors such as a library, patio area, fire pits, and a cooking area where cooking demonstrations will be held. In response to a question from Chair Kellum, Mr. Vierra stated that the YMCA has interest in the childcare space. His company works with many accredited childcare development companies who expressed an interest in the space because of its proximity to downtown Hampton and Langley Air Force. The area has courtyard space that can be used for a playground area and any other amenities they need. Chair Kellum voiced her concerns with space having the needs that a childcare center should offer. In response to a question from Commissioner Garrison, Mr. Vierra replied that age for the age-restricted housing is 52 years and older. In response to a question from Commissioner Brown, the age-restricted house in market value and not income-based. Mr. O’Neill remarked that in the early planning for the redevelopment of Lincoln Park, the community members involved wanted the redevelopment to include multi-generational housing and neighborhood serving services (e.g., daycare, personal care, doctor’s office). The developers were open to provide those elements in their proposed development plan. Commissioner Garrison remarked that she appreciated that the developer considered the elements included in the proposed development, such as the resiliency issues, the dog park, etc. Commissioner Coleman commented that the only amenity lacking is a food store, as this area is a food desert. In response to comments from Chair Kellum, Mr. O’Neill stated that a grocery store for the area is a topic that can be brought to the Planning Commission. The food and grocery business is changing to delivery or bulk grocery stores. Communities are wanting small neighborhood grocery stores and the City does try to recruit grocery stores or alternatives to provide food items, but the era of those types of stores have changed. Mr. Jacovides commented that bringing this type of development may attract a commercial grocer type use that can compliment a development. In response to a comment from Vice-Chair Harper, Mr. O’Neill responded that part of the disposition application with HUD was for Hampton Redevelopment & Housing Authority (HRHA) to present an acceptable plan for the displacement of the units in Lincoln Park, and replacement of those units for qualified homeowners. HRHA submitted that in their application and they are using a variety of different strategies to provide housing for those eligible and low-income housing families. The proceeds of the sale from HRHA have to go back into HRHA’s programs for providing affordable housing. The Executive Director of HRHA would be able to provide further information on the low- and moderate-income housing in that area. There being no further questions or speakers, the Planning Commission approved the following resolution: Work Session & Public Meeting Minutes 20230119 Page 7 WHEREAS: the Hampton Planning Commission has before it this day a rezoning application by Olde Hampton Village Developers, LLC to rezone +22.78 acres located at the Intersections of LaSalle Avenue and West Pembroke Avenue, West Pembroke Avenue and West Queen Street, and West Queen Street and Michigan Drive [LSRNs: 2000370, 2000404, 2000402, 2000369, 2000403, 2000401, 2000368, 2000400, 2000385, 2000386, 2000229, 2000230, 2000231, 2000232, 2000233, 2000234] from Multiple Residential (RT-1) District to Downtown Business (DT-1) District with twelve (12) proffered conditions; WHEREAS: the rezoning application is in conjunction with Use Permit Application No. 22-00011; WHEREAS: the proposal includes the development of 118 fee-simple townhouses, 380 multifamily dwellings (both general population and age-restricted senior housing), and 6,000 square feet of commercial space; WHEREAS: the proposed development includes various community amenities, such as a central park space, pool, dog park and washing station, clubhouse, and a fitness center; WHEREAS: the Hampton Community Plan (2006, as amended) recommends high density residential for a majority of this property, with a portion recommended as low- density residential. The Plan defines high density residential as fifteen (15) or more dwelling units per acre (DUA); WHEREAS: the Hampton Community Plan (2006, as amended) identifies this section of LaSalle Avenue as a Residential Corridor with Commercial/Mixed-Use Nodes and compatible uses within Residential Corridors include high density residential; WHEREAS: the proposed development is approximately twelve (22) dwelling units per acre (DU/A), which the Hampton Community Plan (2006, as amended) defines as high density residential; WHEREAS: the Downtown Hampton Master Plan recommends improving the portals and approaches to Downtown with coordinated streetscaping and high-quality development, and supporting in-town neighborhoods as critical to the vibrancy of Downtown; WHEREAS: the proposed townhouses front on the major public streets, framing the public realm through the use of street trees, porches, and front-doors that open towards the public street; WHEREAS: the development proposes to use higher quality building materials such a higher- grade vinyl, full-face brick veneer, cement fiber board siding, 30-year architectural shingles and standing seam metals roofing; WHEREAS: twelve (12) proffered conditions include limitation of use, substantial conformance with the concept plan and elevations, a maximum and minimum number of units, the inclusion of community amenities, the use of high-quality building materials, raised building foundations; the submittal of a landscape plan for approval that must include native species, street trees, and entryway landscaping; WHEREAS: City staff recommends approval of this rezoning application; and Work Session & Public Meeting Minutes 20230119 Page 8 WHEREAS: no members of the public spoke in opposition or support of this application. NOW, THEREFORE, on a motion by Commissioner Steven Brown and seconded by Commissioner Steven Bond, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 22-00008 with proffered conditions. A roll call vote on the motion resulted as follows: AYES: Harper, Coleman, Garrison, Brown, Bond, Kellum NAYS: None ABST: None ABSENT: Brooks The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application by Olde Hampton Village Developers, LLC, to permit multifamily dwellings at 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; WHEREAS: the use permit application is in conjunction with Rezoning Application No. 22- 00008; WHEREAS: the applicant proposed to rezone the property to Downtown Business (DT-1) District which allows the construction of multifamily dwellings as aby-right use, subject to optional incentive development standards and the district provides a provision in which an applicant can request a use permit to deviate from the optional incentive development standards; WHEREAS: the proposal includes the development of 118 fee-simple townhouses, 380 multifamily dwellings (both general population and age-restricted senior housing), and 6,000 square feet of commercial space s; WHEREAS: the Hampton Community Plan (2006, as amended) recommends high density residential for a majority of this property, with a portion recommended as low- density residential. The Plan defines high density residential as fifteen (15) or more dwelling units per acre (DUA); WHEREAS: City staff recommends five (5) conditions including compliance with the proffered conditions and an additional use permit requirement for the conversion of commercial space into multifamily dwellings; WHEREAS: The conditions assure that while the development does not strictly adhere to the optional incentive development standards, it does meet the intent of the district and relevant adopted policies given the context of the site; WHEREAS: City staff recommends approval of this use permit application; and Work Session & Public Meeting Minutes 20230119 Page 9 WHEREAS: no members of the public spoke in opposition of 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 denial of Use Permit Application No. 22-00011. A roll call vote on the motion resulted as follows: AYES: Harper, Coleman, Garrison, Brown, Bond, Kellum NAYS: None ABST: None ABSENT: Brooks 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. C. RZ 22-00011 – HAMPTON YACHT CLUB, INC., EASTERN TERMINUS OF VICTORIA BOULEVARD, INCLUDING 4709 AND 4710 VICTORIA BOULEVARD [LRSNS: 130 0 4 5 0 7 , A ND 1 3 0 0 4 5 0 8], AS WELL AS A PORTION OF VICTORIA BOULEVARD, WHICH IS THE REMAINING PORTION EAST OF BRIDGE STREET, ONE FAMILY RESIDENTIAL (R-13) DISTRICT AND DOWNTOWN WATERFRONT (DT-2) DISTRICT TO DOWNTOWN WATERFRONT (DT-2) DISTRICT WITH CONDITIONS Rezoning Application No. 22-00011: This is a rezoning application by Hampton Yacht Club, Inc. to rezone three (3) properties, totaling +0.50 acres at the eastern terminus of Victoria Boulevard, including 4709 and 4710 Victoria Boulevard [LRSNs: 13004507 and 13004508], as well as a portion of Victoria Boulevard, which is the remaining portion east of Bridge Street, proposed to be vacated. The application is to rezone the properties from One Family Residential (R-13) District and Downtown Waterfront (DT-2) District to Downtown Waterfront (DT-2) District with conditions, which would allow for a marina with an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed-use and medium density residential in this location. The Downtown Hampton Master Plan supports the existence of the Hampton Yacht Club on the waterfront while maintaining important viewsheds to the river from the neighboring community. D. UP 22-00018 – HAMPTON YACHT CLUB, INC., EASTERN TERMINUS OF VICTORIA BOULEVARD, INCLUDING 4709, 4710, AND 4712 VICTORIA BOULEVARD [LRSNS: 130 0 4 5 0 7 , 1 3 0 0 4 5 0 8 , A ND 2 0 0 3 8 2 2], AS WELL AS A PORTION OF VICTORIA BOULEVARD, WHICH IS THE REMAINING PORTION EAST OF BRIDGE STREET, MARINA Use Permit Application No. 22-00018: This is a use permit requested by the Hampton Yacht Club, Inc. for a marina at the eastern terminus of Victoria Boulevard, including 4709, 4710, and 4712 Victoria Boulevard [LRSNs: 13004507, 13004508, and 2003822], as well as a portion of Victoria Boulevard, which is the remaining portion east of Bridge Street, proposed to be vacated. The properties are zoned One Family Residential (R-13) District and Downtown Waterfront (DT-2) District, which permit a marina with an approved use permit. This application is in conjunction with Work Session & Public Meeting Minutes 20230119 Page 10 Rezoning Application No. 22-00011. The Hampton Community Plan (2006, as amended) recommends mixed-use and medium density residential in this location. The Downtown Hampton Master Plan supports the existence of the Hampton Yacht Club on the waterfront while maintaining important viewsheds to the river from the neighboring community. Planning & Zoning Administration Manager Michael Hayes presented the staff report on the subject applications, copies of which are attached to the original minutes. Staff recommends approval of Rezoning Application No. 22-00011 with eight (8) proffered conditions and approval of Use Permit Application No. 22-00018 with ten (10) conditions. The applicant was available to respond to questions. In response to a question from Commissioner Garrison, Mr. Hayes responded that it is policy to include language from the Community Plan without making major changes to the language. Regarding this particular item, the City is supportive of having boat launching facilities in the community. In response to a question from Chair Kellum, Mr. Hayes replied that there is not a boat launch at the location for larger boats. The current boat launch is for the smaller boats which are stored at the location or can be transported with a hand truck. It does not have a public ramp nor is the launch for a trailer to back down to put a boat into the water. Attorney Larry Cumming of Kaufman & Canoles, 11815 Fountain Way, Suite 400, Newport News, representing the applicant, provided a presentation on the application. Mr. Cumming was also available to respond to questions from the Planning Commission. Lee Chapman and Marshall Findley accompanied Mr. Cumming to assist with questions from the Planning Commission. In response to a question from Chair Kellum, Mr. Cumming responded that the pillars will remain at the entrance. The cannon is relocated from the middle of the entrance to the side. The entrance will remain open for access to the property. A gate could be placed in the future, and is required to be see thru and a similar material as the current fencing. In response to a question from Commissioner Brown, Mr. Cumming provided a history of the significance of the cannon on the property. 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 rezoning application by Hampton Yacht Club, Inc. to rezone three (3) properties, totaling +0.50 acres at the eastern terminus of Victoria Boulevard, including 4709 and 4710 Victoria Boulevard [LRSNs: 13004507 and 13004508], as well as a portion of Victoria Boulevard, which is the remaining portion east of Bridge Street, proposed to be vacated; WHEREAS: the proposal is to rezone the property from One Family Residence (R-13) and Downtown Waterfront (DT-2) Districts to the DT-2 District with proffered conditions; WHEREAS: the rezoning application is in conjunction with Use Permit Application No. 22-00020 for a marina; Work Session & Public Meeting Minutes 20230119 Page 11 WHEREAS: the proposal is limited to improvements to the entry to the Hampton Yacht Club and waterfront plaza; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use and medium density residential for this property; WHEREAS: the property is also within the Downtown Master Plan (2017, as amended) boundaries, which emphasizes maintaining sitelines to the Hampton River from the adjacent historic neighborhood; WHEREAS: in 2022, the Planning Commission recommended approval and the City Council approved a use permit for marina use on the adjacent property owned by the Hampton Yacht Club for the purposes of storing small craft; WHEREAS: eight (8) proffered conditions are attached to the application and include limitations on uses, limit the type of development permitted, and protect the view to the river; WHEREAS: City staff recommends approval of this rezoning application; and WHEREAS: no members of the public spoke in opposition or support of this application. NOW, THEREFORE, on a motion by Commissioner Steven Brown and seconded by Commissioner Michael Harper, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 22-00011 with proffered conditions. A roll call vote on the motion resulted as follows: AYES: Harper, Coleman, Garrison, Brown, Bond, Kellum NAYS: None ABST: None ABSENT: Brooks The Planning Commission also approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application by the Hampton Yacht Club, Inc. for a marina at the eastern terminus of Victoria Boulevard, including 4709, 4710, and 4712 Victoria Boulevard [LRSNs: 13004507, 13004508, and 2003822], as well as a portion of Victoria Boulevard, which is the remaining portion east of Bridge Street, proposed to be vacated; WHEREAS: the rezoning application is in conjunction with rezoning application No. 22-00011 for a marina; WHEREAS: the proposal is limited to improvements to the entry to the Hampton Yacht Club, waterfront plaza, and small craft launching and storage; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use and medium density residential for this property; Work Session & Public Meeting Minutes 20230119 Page 12 WHEREAS: the property is also within the Downtown Master Plan (2017, as amended) boundaries, which emphasizes maintaining sitelines to the Hampton River from the adjacent historic neighborhood; WHEREAS: in 2022, the Planning Commission recommended approval and the City Council approved a use permit for marina use on the adjacent property owned by the Hampton Yacht Club for the purposes of storing small craft; WHEREAS: staff recommends ten (10) conditions which include link the operation to the larger Hampton Yacht Club facility and operation, limit the specific activities that may occur at this location, limit the type of development permitted, and protect the view to the river; WHEREAS: City staff recommends approval of this use permit application; and WHEREAS: no members of the public spoke in opposition or support of this application. NOW, THEREFORE, on a motion by Commissioner Steven Brown and seconded by Commissioner Michael Harper, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 22-00018 with ten (10) conditions. A roll call vote on the motion resulted as follows: AYES: Harper, Coleman, Garrison, Brown, Bond, Kellum NAYS: None ABST: None ABSENT: Brooks V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. YOUTH PLANNER PRESENTATION Junior Youth Planner Iyanna Hollis presented the Youth Planner Report for the Hampton Youth Commission (HYC). The Community Participation Committee (CPC) held the ‘Let it Glow’ Holiday Social on December 19th, at Liberty Live Church at 5 p.m.-7 p.m. The event was in partnership with the Newport News Mayoral Youth Commission and the Youth Advisory Group. The purpose of the event was to strengthen the bonds between the different youth groups. The Grants Committee held its first grants hearing on December 5th. During this meeting, member reviewed the grant application received. Interviews were held on December 13th and December 14th. The Grants public hearing is scheduled for January 30th. On December 9th, the Hampton Youth Commission participated as judges for the Hampton City Schools Holiday Door Judging Competition. Commissioners were tasked with judging doors on the HCS Administration Offices. CPC is working on the upcoming forums for the 2023 school year. The forums are scheduled to be held on February 15th and February 27th. Work Session & Public Meeting Minutes 20230119 Page 13 The Youth Voice Committee is planning a stakeholder meeting with different organization across Hampton Roads. The Grants Committee is planning the final grants hearing for January 23rd. Upcoming Events & Meetings: • January 23rd – CIP Meeting • January 30th – Committee Meeting • February 6th – Executive & Commission Meetings • February 20th – Commission Meeting In response to a question from Commissioner Bond, Ms. Hollis confirmed that the Mayoral Youth Commission is a youth organization from Newport News. In response to a question from Chair Kellum, Mr. Bond responded that Youth Violence Prevention week in April and a number of youth-led events are planned. The term “Hope” is part of Hampton’s brand. Chair Kellum commented that it is good for the youth to participate and collaborate with other organizations in events. In response to questions from Commissioner Brown, Ms. Hollis stated that she attends Bethel High School. The joint meeting with City Council will be held this year. Mr. O’Neill responded that the scheduling of the meeting generally is based on City Council’s availability and schedule. The joint meeting is part of the Youth Commission’s annual work program, and usually includes City Council, the Planning Commission, and other key partners. Mr. Whipple further stated that the Youth Planners usually prepare their end of the year report to City Council in the May-June timeframe. B. LIVING SHORELINES PROGRAM Zoning Administrator Allison Jackura provided information on the City’s partnership with the Colonial Soil and Water Conservation District to offer Hampton property owners access to technical and financial assistance for living shorelines. With the VCAP Program, qualifying property owners could receive up to 80% of the total project costs (up to $30,000) in reimbursement for approved living shoreline projects. Ms. Jackura added that the funding is from fees that the Wetlands Board has collected from past projects. Mr. O’Neill thanked Ms. Jackura and Resiliency Officer Carolyn Heaps-Pecaro continued the work by former Resilience Officer David Imburgia to get the program up and running. Hampton is the first City in Hampton Roads that is providing the funding and service to encourage living shorelines. In response to a question from Chair Kellum, Mr. O’Neill explained that Ms. Jackura can provide the Planning Commissioners with more details on the program. There is a set of criteria to identify where a living shoreline can be used. Commercial site could also qualify potentially. Ms. Jackura commented that the Living with Water steering group may have data on the number of property owners that are affected. Commissioner Garrison added that she is a big supporter of living shorelines. As a member of the Wetlands Board, she sees a number property owners who ask for their mitigation to be deferred due to costs of projects. This program is part of the reason mitigation should be paid. Work Session & Public Meeting Minutes 20230119 Page 14 Ms. Garrison stated that Virginia Institute of Marine Science (VIMS) has a flowchart that property owners can use to see if they can qualify or if a living shoreline is a good solution. Ms. Jackura added that the Wetlands Board will be provided an update on the VCAP program at the next Wetlands Board meeting. Property owners can contact her as Wetlands Board Coordinator for more information on the program. C. HAMPTON 2040 COMMUNITY PLAN UPDATE Mr. O'Neill provided an update to the Hampton 2040 Community Plan Update process. A mid-process check point meeting is scheduled for February 15th. The meeting will be held at the Mary W. Jackson Neighborhood Center, 231 Lincoln Street, at 6:30 P.M. - 8:00 P.M. Each of the seven steering groups will present their groups draft vision statement and goals at this meeting. Attendees can RSVP on the City's website to sign up. VI. ITEMS BY THE PUBLIC There were no items by the Public. VIII. MATTERS BY THE COMMISSION Chair Kellum provided information on the No Opportunities Wasted event which is being held on January 26th at the Mary W. Jackson Neighborhood Center, 231 Lincoln Street at 6:00 P.M. The event is being hosted by the Office of Youth and Young Adult Opportunities. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 5:23 P.M. Respectfully Submitted, Secretary to the Commission APPROVED BY: .V ½ d1titzd1J 4:e,fat-4¾/ luthann Kellum Chairman Work Session & Public Meeting Minutes 20230119 Page 15

Agenda

PLANNING COMMISSION CITY OF HAMPTON, VIRGINIA CHAIR: Ruthann Kellum VICE-CHAIR: Michael Harper COMMISSIONERS: Steven Bond, Tracy Brooks, Steven Brown, Trina Coleman, Carole Garrison WORK SESSION January 19, 2023 @ 3:00 PM – City Hall, Community Development Department Conference Room, 5th Floor I. Questions about agenda items MEETING AGENDA January 19, 2023 @ 3:30 PM – City Hall, City Council Chambers, 8th Floor I. Call to Order II. Roll Call III. Minutes of the December 15, 2022 Planning Commission Meeting IV. Capital Improvement Plan Briefing City of Hampton Budget Office V. Public Hearing Items A. 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. This item was deferred from the December 15, 2022 Planning Commission meeting to allow the applicant to finalize the proffer statement. Lead staff: Olivia Askew, Resiliency Specialist B. 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. The use permit is required due to the proposed development not meeting the optional Page 1 of 2 criteria for by-right multifamily development. The Hampton Community Plan (2006, as amended) recommends high-density residential for this site. The Hampton Community Plan (2006, as amended) recommends high-density residential for this site. Being in conjunction with Rezoning Application No. 22-00008, this item was deferred at the December 15, 2022 Planning Commission meeting. Lead staff: Olivia Askew, Resiliency Specialist C. Rezoning Application No. 22-00011: This is a rezoning application by Hampton Yacht Club, Inc. to rezone three (3) properties, totaling +0.50 acres at the eastern terminus of Victoria Boulevard, including 4709 and 4710 Victoria Boulevard [LRSNs: 13004507 and 13004508], as well as a portion of Victoria Boulevard, which is the remaining portion east of Bridge Street, proposed to be vacated. The application is to rezone the properties from One Family Residential (R-13) District and Downtown Waterfront (DT-2) District to Downtown Waterfront (DT-2) District with conditions, which would allow for a marina with an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed-use and medium density residential in this location. The Downtown Hampton Master Plan supports the existence of the Hampton Yacht Club on the waterfront while maintaining important viewsheds to the river from the neighboring community. Lead staff: Mike Hayes, Planning & Zoning Administration Division Manager D. Use Permit Application No. 22-00020: This is a use permit requested by the Hampton Yacht Club, Inc. for a marina at the eastern terminus of Victoria Boulevard, including 4709, 4710, and 4712 Victoria Boulevard [LRSNs: 13004507, 13004508, and 2003822], as well as a portion of Victoria Boulevard, which is the remaining portion east of Bridge Street, proposed to be vacated. The properties are zoned One Family Residential (R- 13) District and Downtown Waterfront (DT-2) District, which permit a marina with an approved use permit. This application is in conjunction with Rezoning Application No. 22-00011. The Hampton Community Plan (2006, as amended) recommends mixed- use and medium density residential in this location. The Downtown Hampton Master Plan supports the existence of the Hampton Yacht Club on the waterfront while maintaining important viewsheds to the river from the neighboring community. Lead staff: Mike Hayes, Planning & Zoning Administration Division Manager VI. Community Development Director’s Report A. Youth Planner Report Lead staff: Iyanna Hollis, Junior Youth Planner VII. Items by the Public VIII. Matters by the Commission IX. Adjournment of Regular Session Protocol for Public Input at Planning Commission Meetings: Hampton Planning Commission meetings are open to the public. The public is invited to attend meetings and to observe the work and deliberations of the Planning Commission. The public may also address the Planning Commission on public hearing items by signing up to speak prior to the opening of the public hearing segment of the meeting. Speakers will be recognized in the order in which they sign up and are asked to state their name and address, and are asked 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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