Last Publish on 10/9/2015 3:41:35 PM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, October 14, 2015
6:30 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council

 CALL TO ORDER/ROLL CALL
 INVOCATION - Vice Mayor Linda Curtis
 PLEDGE OF ALLEGIANCE TO FLAG -
 MAYOR'S COMMENTS
 CONSENT AGENDA
 Consent Items
1.15-0292Approval of the Hampton City Council minutes from the evening sessions of August 12,2015, and September 9, 2015.
2.15-0293Request for Approval of Refund(s) and/or Abatement(s) for Tax Year 2014
3.15-0300Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 24, Section 24-37; providing that property under development is exempted from the requirement that the owner keep grass and weeds under ten inches.
4.15-0301Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the 2015 Emergency Management Performance Grant Program through the Virginia Department of Emergency Management
5.15-0307Resolution to Accept and Appropriate FY14 Assistance to Firefighters Grant (AFG) Funds from the Department of Homeland Security
6.15-0316Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2015 Port Security Grant Program as Awarded/Made by FEMA (Federal Emergency Management Agency)
7.15-0317Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the FY 2016 Highway Safety Grant (Selective Enforcement – Speed) through the Commonwealth of Virginia Department of Motor Vehicles
8.15-0318Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the FY15 Edward Byrne Memorial Justice Assistance Grant through the Department of Justice, Office of Justice Programs
9.15-0320Resolution Requesting $2,750,000 from the Virginia Department of Transportation's FY17 Revenue Sharing Program and Authorization for the City Manager to Execute Necessary Project Agreements
10.15-0321Resolution Requesting Endorsement Central Park Trail Transportation Alternatives Project
11.15-0322Resolution Approving and Accepting the City of Hampton, Virginia's Participation in the Green Infrastructure Community Planning Grant which is Administered by the Green Infrastructure Community with Support from the Virginia Department of Forestry and Funding from the Southern Region of the USDA Forest Service
12.15-0323Resolution of the Council of the City of Hampton, Virginia Confirming the Declaration of a Local Emergency Made Necessary by the storms referred to as the "2015 Nor'easter" and Hurricane Joaquin and Declared by the Hampton Director of Emergency Services on October 1, 2015.
13.15-0324Resolution of the Council of the City of Hampton, Virginia Confirming the Order Terminating on October 5, 2015, the Declaration of Local Emergency Declared by the Hampton Director of Emergency Management effective October 1, 2015, due to the "2015 Nor'easter" and Hurricane Joaquin.
 PRESENTATIONS, PROCLAMATIONS, AWARDS
 PUBLIC HEARINGS
 Rezonings
14.15-0302Rezoning Application No. 15-00003: by Franciscus Homes, Inc. and property owners Rosalind Slater, James Hunsucker, Hunsucker Family Living Trust, and Glenn and Celia Hudgins to rezone 28.05+ acres at 1625, 1633 and 1635 Power Plant Parkway, along with unaddressed parcels off of W. Queen Street [LRSN: 3004765, 3004766, 3004773, 3004774, 3004775, 3004776] from One Family Residence [R-11] District to Multiple Dwelling (MD-2) District with proffered conditions for the development of multifamily residences.
15.15-0303Ordinance To Amend And Re-Enact Article 1 Of Chapter 10 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Signs” By Amending Section 10-5 Pertaining To Signs Exempt From Regulation In This Ordinance.
16.15-0304Ordinance To Amend And Re-Enact Chapter 1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “General Provisions” By Amending Section 1-30 Pertaining To General Green Area Requirements.
17.15-0305Ordinance To Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2-2 Pertaining To Primary Entrances, Signs and Small Artisan Shops.
18.15-0308Ordinance To Amend And Re-Enact Chapter 3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Uses Permitted” By Amending Section 3-2 To Add The New Zoning District Titled PH-1 (Phoebus Business District) To The Use Table and Section 3-3 Pertaining To Additional Standards On Permitted Uses.
19.15-0309Ordinance To Amend And Re-Enact Chapter 8 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Special Districts” By Adding Article 7 – Phoebus Districts As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood.
20.15-0310Ordinance To amend And Re-Enact Chapter 10 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Signs” By Amending Article 2, Section 10-10 As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood.
21.15-0326Ordinance To Amend And Re-Enact Chapter 11 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Parking” By Amending Section 11-8 Pertaining To Parking Credits, Exemptions And Reductions As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood.
22.15-0311Rezoning Application No. 15-00004: by the City of Hampton to rezone 45.3+ acres including 14 E County St., 2 – 300 E Mellen St (both sides of the street), 608 and 617 E Mercury Blvd, 111 Howard St (excluding the portion directly adjacent to the Howard St right-of-way for a depth of 90’, 20 and 170 Libby St, 1 – 200 N Mallory St (both sides of the street, but only a 200’ deep portion, measured from the right-of-way, of 42 and 50 N Mallory St), 14 N Willard Ave, 110 S Curry St, 13, 15, and 122 S Hope St, 3 – 241 S Mallory St (both sides of the street), 104 S Willard Ave, 11 – 25 Tennis Ln (odd addressed side only), 6, 8 and 10 W County St, 1 – 18 W Mellen St (both sides of the street), 23, 28, 48, and 52 Water St, along with a number of unaddressed parcels on E Mellen St, Lancer St, Libby St, N Mallory St, S Hope St, S Mallory St, Tennis Ln, W Mellen St, and Water St [LRSNs: 12001123, 12001124, 12001130, 12001131, 12001134 – 12001140, 12001143, 12001145, 12001146, 12001148, 12001157, 12001161, 12001162, 12001326, 12001335, 12001337 – 12001342, 12001346, 12001352, 12001354 – 12001358, 12001367, 12001370, 12001371 – 12001386, 121001388 – 12001409, 12001418 – 12001421, 12001434, 12001452 – 12001454, a portion of 12001455 to a depth of 155’ from the S Mallory St right-of-way, 12001456, 12001507 – 12001521, 12001536, 12001611, 12001661, 12001704, 12001732, 12001966, 12001967 – 12001976, 12001979, 12001981 – 12002001, 12002004, 12002005, 12002812, 12008745, 1300219] from Two Family Residential (R-8) District, One Family Residential (R-13) District, Neighborhood Commercial (C-1) District, Limited Commercial (C-2) District, Light Manufacturing (M-2) District, and Heavy Manufacturing (M-3) District to Phoebus Business (PH-1) District. The Hampton Community Plan (2006, as amended) and Phoebus Master Plan (2007 as amended) recommend the development of a mixture of residential and commercial land uses in a pedestrian oriented development pattern for this area.
 Use Permit
23.15-0312Use Permit Application No. 15-00002: by Hannah Carruthers to operate a Day Care 3 at 2625 North Armistead Avenue [LRSN 7001710].
24.15-0313Use Permit Application No. 15-00011: by Reverend Dr. Jason Snow on behalf of Wesley United Methodist Church for an active park/playground at 2510 N. Armistead Avenue [LRSN 7001643].
25.15-0314Use Permit Application No. 15-00012: by David Leonardi DBA Papa Ciccio’s Italian Family Restaurant for live entertainment inside Papa Ciccio’s Italian Family restaurant at 87 Lincoln Street [LRSN 2003249].
 Ordinances
26.15-0296Ordinance Approving the Vacation of a 15’ Alley Intersecting 512 North First Street Comprising 779 Square Feet (0.01789 Acre), More or Less, to Michael L. Smith and Lisa L. Smith
27.15-0297Ordinance Approving the Vacation of a Portion of Right of Way Known as Dooley Street Comprising 3,950 Square Feet (0.0907 Acre), More or Less, to Interlock Paving Systems, Inc.
28.15-0298Ordinance Approving the Vacation of 40’ Environmental Easements and 10’ Drainage Easements to the Following Property Owners: (i) John L. Henderson and Kelley L. Henderson at 14 Hawkins Court (LRSN 5001217), Comprising 2,800 s.f. and 700 s.f., Respectively; (ii) Julio E. Santiago Alers and Myrna Santiago, Also Known as Myrna Santiago Alers at 18 Hawkins Court (LRSN 5001215) Comprising 2,800 s.f. and 700 s.f., Respectively; and (iii) Don R. Edwards and Jennifer L. Edwards at 26 Hawkins Court (LRSN 5001211) Comprising 3,560 and 865 s.f., Respectively, All Measurements More or Less
29.15-0299Ordinance Authorizing the Transfer of City Property Located at 103 Saunders Road (LRSN 5001405), Comprising 19,613 Square Feet (0.4503 Acre), to William D. and Amparito Solterbeck
 General Items
 Ordinances
30.15-0306Ordinance to Amend and Reenact Chapter 34 Article III Entitled, “Encroachments Into Public Streets and Other Public Ways, Places or Property” to Add a New Section 34-87 and to Add a New Article VI Entitled, “Outdoor Seating Administrative Encroachments,” Pertaining to Administrative Encroachments for Outdoor Seating in Public Rights-of-Way
31.15-0315Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Adding a New Article II to Chapter 42 Entitled, “Arts and Cultural Districts” Pertaining to The Establishment and Regulation of Arts and Cultural Districts With an Effective Date of January 1, 2016.
 Resolutions
32.15-0295Resolution Approving Utility Easements to Virginia Electric and Power Company (“Dominion”) for One 15’ x 80’ Easement (Totaling 1,200 Square Feet), More or Less, on City Property Located At 100 Maple Avenue (LRSN 1004044) and Two 15’ x 10’ Easements (Each Totaling 150 Square Feet) Located on a Portion of City Property Located at 9000 Greenlawn Avenue (LRSN 1004029) for the Transmission and Distribution of Electrical Power as a Part of Dominion’s Strategic Underground Program
 REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
 Miscellaneous New Business
 Public Comment
 Adjournment