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, APRIL 20, 2023 AT 3:00 P.M. Chair Ruthann Kellum called the meeting to order at 3:03 P.M. A call of the roll noted Commissioners Tracy Brooks Carole Garrison, Hope Harper, Steven Bond, and Chair Ruthann Kellum as being present. Commissioner Trina Coleman was noted as absent; however, Commissioner Coleman arrived after the roll call. Staff in attendance was Secretary to the Commission/Community Development Director Terry O’Neill, Economic Development Interim Director Steven Lynch, Interim Deputy Director/Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, City Planner Davis Pemberton, City Planner Urvi Patel, and Support Services Administrative Coordinator Kristie Graves. The Commission and staff discussed agenda items, with the following information being provided. Use Permit Application is No. 22-00010: By Gregory Braxton to permit a restaurant 3 with indoor live entertainment and serving alcohol. Zoning Administrator Allison Jackura gave a presentation on the parking at Peninsula Town Center (PTC) and responded to various questions. The Commission engaged in further discussion regarding training for Planning Commissioners and related topics including recent items that have been approved by City Council. The work session adjourned at 3:30 P.M. Work Session & Public Meeting Minutes 20230420 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, APRIL 20, 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 Commissioners Tracy Brooks, Trina Coleman, Carole Garrison, Hope Harper, Steven Bond, and Chair Ruthann Kellum as being present. Staff in attendance was Secretary to the Commission/Community Development Director Terry O’Neill, Economic Development Interim Director Steven Lynch, Interim Deputy Director/Deputy City Attorney Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, City Planner Davis Pemberton, City Planner Urvi Patel, and Support Services Administrative Coordinator Kristie Graves. Chair Kellum recognized the passing of Planning Commission Vice-Chair Michael Harper. Ms. Kellum recited the poem “Life a Life that Matters” by Michael Josephson. Commissioner Trina Coleman commented that the sight of Commissioner Harper’s empty chair on the dais made his passing real. She acknowledged the work Mr. Harper did in the Aberdeen neighborhood as well as on Planning Commission. Ms. Coleman offered condolences to Mr. Harper’s family. Commissioner Steven Bond acknowledged that Mr. Harper was a pillar of the community and did not allow his physical and medical challenges stop him from taking action. As a City official, Mr. Bond truly appreciated Mr. Harper and the open and honest dialogue they shared. Mr. Bond was proud to call Mr. Harper a friend. Commissioner Hope Harper commented that she was looking forward to working with Mr. Harper on the Planning Commission. Ms. Harper often saw Mr. Harper in the community and they called each other ‘cousin’ or ‘cuz’ because they shared last names. She will miss Mr. Harper at the Aberdeen meetings and in the community. He was a pillar of the community and cared about the community. Ms. Harper hopes to help with the projects Mr. Harper was involved in at the time of his passing. She is keeping his family in her thoughts and prayers. II-A. PRESENTATION OF PLANNING COMMISISON RESOLUTION IN HONOR OF VICE-CHAIR MICHAEL HARPER A resolution was presented by Secretary to the Commission/Community Development Director Terry O’Neill in honor of Planning Commission Vice-Chair Michael Harper on behalf of the staff of the Community Development Department and the Planning Commission: WHEREAS: Michael Harper has faithfully and honorably served the citizens of Hampton as a member of the Hampton Planning Commission from November 2020 until April 2023; WHEREAS: Michael Harper joined the Planning Commission during the global COVID-19 pandemic and the challenges it created in continuing to conduct the business of the public; Work Session & Public Meeting Minutes 20230420 Page 2 WHEREAS: Michael Harper served as Vice-Chair of the Hampton Planning Commission from September 2021 to April 2023; WHEREAS: Michael Harper was a proud Bethel High School Bruin; WHEREAS: Michael Harper was a proud resident with a deep love for his Aberdeen community; WHEREAS: Michael Harper also steadfastly represented the interests of the citizens of Hampton; WHEREAS: During his tenure, the City of Hampton began developing a new Community Plan through community engagement and input; WHEREAS: During his tenure, the Planning Commission addressed or began addressing emerging issues within the community such as the Resilient Hampton Initiative, Joint Base Langley-Eustis expansion, an exceptionally strong multi-family residential market, growth in restaurants and entertainment venues, parking standards, mental health facilities, and short-term rentals; WHEREAS: Michael Harper has been a tireless advocate for grassroots neighborhood interests as well as an avid supporter for the work of the Hampton Youth Commission, Youth Planners, and the youth of the City in general, where their well-being and creating opportunity for them was of special concern; WHEREAS: Michael Harper demonstrated a particular passion for young people in our community and worked tirelessly to expand access to constructive youth activities in our community; WHEREAS: Michael Harper has honorably and generously given of his time and demonstrated sincere interest in the overall well-being of the citizens of Hampton, particularly in the Aberdeen community; WHEREAS: Michael Harper concurrently served on the Planning Commission and Neighborhood Commission; WHEREAS: Michael Harper’s tenure on the Planning Commission has been characterized by care, openness, patience, humor, and steadfast support for public participation, including public hearing, and processes; WHEREAS: Michael Harper can reflect on the accomplishments of this Planning Commission during his tenure as a concerted effort of the Planning Commission, staff, and the citizenry in shaping the destiny of Hampton; WHEREAS: Members of the Planning Commission and staff sincerely respect and hold Commissioner Harper in the highest regard; and WHEREAS: The Planning Commission, staff, and the citizens of Hampton have benefited tremendously from Michael Harper’s commitment and devotion during his tenure on the Commission. Work Session & Public Meeting Minutes 20230420 Page 3 NOW, THEREFORE, BE IT RESOLVED that the Hampton Planning Commission and Planning staff do hereby officially commend Commissioner Michael Harper for his outstanding service to the citizens of Hampton and do extend their gratitude for his dedication and service to the Hampton Planning Commission. Given this 20th day of April, 2023. A motion was made by Commissioner Steven Bond and seconded by Commissioner Trina Coleman to approve the Planning Commission Resolution honoring Vice-Chair Michael Harper. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABST: None ABSENT: None The Planning Commission resolution will be framed and presented to Mr. Harper’s family. III. MINUTES OF FEBRUARY 16, 2023 WORK SESSION & PUBLIC MEETING A motion was made by Commissioner Tracy Brooks and seconded by Commissioner Hope Harper to approve the minutes of the February 16, 2023 Work Session and Planning Commission meeting as corrected. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: None IV. PUBLIC HEARING ITEMS Mr. 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 items. A. UP 22-00010 – GREGORY BRAXTON, 1471 MERCHANT LANE [LRSN: 1 3 0 0 2 0 2 2 , RE STAURANT 3 Use Permit Application No. 22-00010: This is a use permit application by Gregory Braxton to permit a restaurant 3 for expanded indoor live entertainment performance area to include one-hundred eighty (180) square feet of indoor performance area, hours as late as 2:00AM, and serving alcohol at 1471 Merchant Lane [LRSN: 13002022]. 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. This property is also within the Coliseum Central Master Plan (2015, as amended) area. Work Session & Public Meeting Minutes 20230420 Page 4  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. 22-00010 with thirteen (13) conditions. The applicant was not in attendance at the meeting to respond to questions. In response to questions from Commissioner Carole Garrison, Mr. O’Neill responded that this particular application is related to only the space that the applicant will occupy. Per the conversation in the work session, there will be vacant space in the building adjacent to the applicant’s space, in order to meet the parking requirements. Mr. O’Neill stated that staff can pass on Commissioner Garrison’s concerns to the owners, that customers seeing a vacant storefront window will give the impression that Peninsula Town Center (PTC) is not doing well. It is not a requirement but could be in PTC’s owner’s best interest to make vacant spaces look inviting. Interim Deputy Director/Deputy City Attorney Bonnie Brown reminded Ms. Garrison that her question from the work session was if the CCBID was in support of the application. Mr. Pemberton responded that he presented the proposal at the Coliseum Central Business Improvement District (CCBID) meeting held on March 28th. The application was supported by the CCBID. Mr. Pemberton has not received objections of the application from the PTC POA (Peninsula Town Center Property Owner’s Association); although the PTC POA has voiced concerns. In response to a question from Commissioner Harper, Mr. O’Neill explained the owners should not feel that they are forced into a position where they must keep vacant space in order to accommodate the parking needs of their tenants. The building owner has made a business decision to proceed in this manner so the applicant can move forward with their proposal. In the immediate future, the spaces will remain vacant because there is no parking allocation. Staff believes there are paths forward but in order for that to happen, there are actions that would need to take place. Ms. Harper stated that she does not object but is concerned that the applicant may face challenges in the future regarding parking. Mr. O’Neill elaborated that it is a difficult situation as PTC is comprised of a number of different owners who should collectively decide what is in their best interest. The owner of this particular building feels that this is the best business decision at this time, with hopes that they will be in a better position in the future where the vacant spaces can be filled or The Rhythm Room expands. In response to a question from Commissioner Coleman, Mr. O’Neill responded that he believes the vacant spaces can be used for storage, as long as they do not generate a demand for parking. In response to questions from Chair Kellum, Mr. Pemberton stated that the hours of operation are consistent with other live entertainment and restaurant use permits granted within the City. Chair Kellum responded that Ms. Kabong’s concern regarding fuel leakage is the first that she had heard. From her personal knowledge, customers who use these types of storage facilities do not work on the items at the location, that type of work is completed elsewhere. The restaurant is a build out of an existing space. Suite 101 of the building is currently occupied by Uncle Dave’s Kettle Korn. Once their lease is up and the proposed application is approved, The Rhythm room will occupy 3 suites of the building. Mr. O’Neill explained that the use changes precipitated the need for more parking, from general retail to restaurant and live entertainment. The change of use requires a different ratio of parking. Ava Green, representing the Peninsula Town Center Property Owner’s Association (PTCPOA), spoke regarding the PTCPOA’s confusion on certain aspects of the application and Work Session & Public Meeting Minutes 20230420 Page 5 staff report including the security plan, parking for food delivery services, outdoor dining, and the analysis of future vacant suites as a result of the parking solution. In response to a question from Chair Kellum, Ms. Green stated that the PTCPOA sent an email to Mr. Pemberton and the building owners relaying their concerns but had not received a response. In response to a question from Commissioner Coleman, Ms. Green responded that the PTCPOA had concerns regarding the vacant spaces. It the proposed application were approved, the building owner would not be able to rent the additional vacant spaces in their building based on the parking requirement. There would be vacancies in 4 suites in the building. The vacancies could not be rented until additional parking is identified. In response to a question from Commissioner Bond, Ms. Green replied that the PTCPOA would not be opposed to a parking agreement or having a parking survey completed. In response to a comment from Commissioner Garrison, Ms. Green stated that the PTCPOA does have a current parking plan. Ms. Garrison reiterated that the current parking plan does not address the parking issue that will be created if the application is approved. The building owner would have to keep suites in their building vacant because the PTCPOA has not updated the parking plan. She asked that Ms. Green pass that concern along to the board. Ms. Garrison noted that security is one of the recommended conditions, as well as part of the applicant’s package, and does not see why that is a concern of the PTCPOA. Ms. Garrison also noted that there are a number of restaurants in PTC; therefore, Uber parking should not be a concern for this particular application, when it is not a concern for the other restaurants. The response from the PTCPOA do not seem consistent for all of the business in PTC. Ms. Green responded that their concern was whether parking was expected to be allocated for the Uber drivers. PTC has problems with delivery drivers stopping in the middle of the street for deliveries. Ms. Garrison commented that if people are parking in the middle of the street, that is not a problem for the restaurant but for whomever manages traffic in PTC, and is an enforcement issue by the Uber drivers. Ms. Green stated that the PTCPOA was requesting further explanation from the applicant regarding information on the application. In response to a question from Commissioner Bond, Ms. Green indicated that the PTCPOA regulates parking and enforces the PTC parking plan. Other tenants do not specifically mention Uber parking. The PTCPOA wants further clarification on what the applicant’s expectation would be. HPD is allowed to issue tickets in PTC. Mr. Bond stressed that the parking concerns are an overall regulation and enforcement issue for the PTCPOA, and not for this particular applicant. Mr. O’Neill stated that the Commission is expressing that the questions posed should be addressed by the PTCPOA and the businesses. It is not a regulation that the City should be imposing, nor is it something that he believes the PTCPOA wants the City enforcing. Commissioner Coleman commented that without the City regulating parking, she would not feel good if the Planning Commission approved the application and the outcome is not what the POA and the business expect. It is not the City’s business what the rules are between tenant and owner. In response to Commissioner Coleman’s comments, Mr. O’Neill responded that he understood Commissioner Coleman’s concern, and that there are number of complicating factors to the discussion. His advised the Commission that their focus is land use and if the application meets the zoning ordinance requirements. The application does meet the zoning ordinance’s parking requirements according to the staff report. The other management issues Work Session & Public Meeting Minutes 20230420 Page 6 come into play but will likely be resolved in a different forum. Ms. Coleman stated that she approved the application but wanted to be sure that what she is voting for is what is being presented. 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 Gregory Braxton for a restaurant 3 for expanded indoor live entertainment performance area to include one-hundred eighty (180) square feet of indoor performance area, hours as late as 2:00 AM, and serving alcohol. The subject property is located at 1471 Merchant Lane [LRSN: 13002022]; WHEREAS: the property is currently zoned Limited Commercial (C-2), which permits a restaurant 3 subject to an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use for this property; WHEREAS: the property is also within the Coliseum Central Master Plan (2015, as amended) boundaries and situated in the Coliseum Drive North initiative area that recommends a mix of commercial development that is regionally unique as well as locally-serving be pursued in the initiative area; WHEREAS: staff recommends thirteen (13) conditions which include 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; size and location of indoor live entertainment; security; and compliance with applicable laws; WHEREAS: City staff recommends approval of this use permit application; and WHEREAS: one member of the public, representing the Peninsula Town Center Property Owner’s Association (PTCPOA), spoke regarding the PTCPOA’s confusion on certain aspects of the application and staff report including the security plan, parking for food delivery services, outdoor dining, and the analysis of future vacant suites as a result of the parking solution. NOW, THEREFORE, on a motion by Commissioner Steven Bond and seconded by Commissioner Carole Garrison, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 22-00010 with thirteen (13) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABST: None ABSENT: None V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT Work Session & Public Meeting Minutes 20230420 Page 7  A. YOUTH PLANNER PRESENTATION Junior Youth Planner Iyanna Hollis presented the Youth Planner Report for the Hampton Youth Commission (HYC). On February 18th, HYC attended the H.O.P.E. (Having Opportunities Promotes Equality) Summit. The summit was held at the Hampton Roads Convention Center by the first grant recipient, Our Youth Our Future. The Commissioners gave a youth-led presentation followed by a joint discussion with the group. The main topics discussed were bullying and mental health. On February 27th, HYC met with Police Chief Mark Talbot to discuss ways to make the City safer for youth. The Grants Committee has been working towards planning future site visits for grant recipients, as well as reviewing past events and planning meetings for future events. The Community Participation Committee is working on planning the end of year event with the Youth Advisory Group (YAG). for mid-spring or possibly summer. The Committee is also brainstorming ideas for the end of year celebration. The Youth Voice Committee has been working to plan meetings with future stakeholders as well as creating the end-of-year report. held its public hearing on January 23, 2023. The committee awarded a total of $10,720 in grant funds. Grants were awarded to four (4) applicants for five (5) projects. The committee is currently planning site visits to the funded events. The grant recipients are: • Hampton High School GSA – $1,297 o Lavender Graduation o June 6, 2023 • YMCA Leaders Club – $2,197 o Healthy Kids Day o Late Spring 2023 • YMCA Youth and Government – $2,500 o D.I.G. (Diversity, Inclusion & Global Innovation) Summit o April 2023 • Our Youth Our Future – $2,450 o H.O.P.E. (Having Opportunities Promotes Equality) Summit o February 18, 2023 • Our Youth Our Future – $2,300 o Road to Success Summit Series o Next 3 months As the 2022-2023 fiscal year ends, the Youth Commission has been recruiting for new Youth Commissioners for the 2023-2024 fiscal year. Nine of the 16 Youth Commissioners are graduating from high school. HYC has received five Commissioner applications. There has also been a peak interest in the Junior Youth Planner position. Ms. Hollis will be promoted to the Senior Youth Planner position when Kyra Reed graduates from high school. Upcoming Events & Meetings: Work Session & Public Meeting Minutes 20230420 Page 8  • April 24th – Youth and Young Adult Stakeholder Meeting • May 1st – Commission Meeting • May 15th – Commission Meeting • May 24th – Joint Planning Commission/City Council Stakeholder Meeting Commissioner Harper complimented Ms. Hollis on a great presentation. Chair Kellum thanked Ms. Hollis for the presentation and all of the work that HYC does. In response to a question from Chair Kellum, Ms. Hollis responded that recruitment events are being held at the Hampton high schools during lunches. Events have been held at Hampton and Kecoughtan high schools, Bethel and Phoebus high schools are being scheduled over the next two weeks. Interviews are scheduled for May 5th at 4:45 P.M. – 5:45 P.M. at the Ruppert Sargent Building – Veterans Conference Room, 1 Franklin Street. Mr. O’Neill informed the Planning Commission and the public that today’s meeting will be his last meeting, as he is retiring. He has been to every Planning Commission meeting since 1983, excusing absences from vacation and illness. Mr. O’Neill stated that he will miss the work and the people, but is looking forward to enjoying life that is not on the City Council, Planning Commission and other Board’s schedule. Bonnie Brown will be the new Community Development Director. Chair Kellum commented that she has worked with Mr. O’Neill since 1992, in various positions. She respects what he does and has learned a lot from his guidance. He has always had the City’s best interest at heart and thanked him for all he has done. Commissioner Bond remarked that the City and the community owes Mr. O’Neill a true debt of gratitude for four decades of earnest service, community focus and engagement. He has been a tremendous asset to the City. He has earned a wonderful retirement. Mr. Bond hopes that Mr. O’Neill will still engage with the City. He has been a remarkable friend and colleague. Commissioner Garrison stated that she met Mr. O’Neill prior to being on a City Board or Commission. Ms. Garrison elaborated on Mr. O’Neill’s dedication, attending after hours meetings, and the amount of work involved. He has to keep the entire City in mind when making decisions, and is very knowledgeable. Ms. Garrison commented that it has been a privilege working with Mr. O’Neill. She respects him very much and wishes him the best in his retirement. Commissioner Harper expressed that she first met Mr. O’Neill when she worked as a summer intern in the City Council Office in 1988. At the time, Mr. O’Neill was the Planning Director, and she remembers Mr. O’Neill attending meetings in the City Council Office. Ms. Harper thanked Mr. O’Neill for his service and congratulated him on his retirement. The City does own him a debt of gratitude. Commissioner Coleman commented that she has worked with Mr. O’Neill since her appointment to the Planning Commission. Ms. Coleman stated that he seems to be very level headed, and joked that it must have taken him the entire 40 years of working for the City to get that way to deal with some of the questions and complaints from citizens. Ms. Coleman commended Mr. O’Neill on his dedication and congratulated him on his retirement. She joked that in 1983 she was graduating from Phoebus High School. Commissioner Brooks stated that she has know Mr. O’Neill the least amount of time. Ms. Brooks shared that her for job was as a city planner and she has been impressed with Mr. O’Neill’s work and how he manages it. Ms. Brooks appreciates what he has done for the City and wished Mr. O’Neill the best on his retirement. Work Session & Public Meeting Minutes 20230420 Page 9  Commissioner Garrison added that one of Mr. O’Neill’s legacies is that he turned the City of Hampton into one of the first resilient cities in the nation. He should be very proud of that because the citizens are very proud of it. Chair Kellum noted to Ms. Brown that the Planning Commissioners are here for her is she needs anything. The work she had done so far is with grace, understanding, knowledge and confidence. Mr. O’Neill thanked the Commissioners for the compliments. He noted that it takes a good team to make all of those things mentioned happen. He is leaving the City is great hands; Ms. Brown knows the ins and outs of what the Community Development Department does and she has a real passion for the work. He has no doubt that Ms. Brown is going to be great. One of the great joys of the job is that you get to meet so many great people in the community. Most of the people he meets do not like him initially because something is going wrong and he is the bearer of bad news usually. Most of the time, if the community and staff work together, it becomes a partnership. Mr. O’Neill has become life-long friends with a number of people in the community. Not many people get to work in the community where they grew up; the decisions he helps make have an effect on his family, neighbors, and friends. It was not just a job, it was personal. VI. ITEMS BY THE PUBLIC There were no items by the Public. VII. MATTERS BY THE COMMISSION Chair Kellum thanked staff and attendees at the meeting. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 4:37 P.M. Respectfully Submitted, APPROVED BY: Work Session & Public Meeting Minutes 20230420 Page 10