Hampton Planning Commission Meeting – December 20, 2018

The Hampton Planning Commission met on December 20, 2018, at 8:30 PM to consider several land use applications, zoning ordinance amendments, and rezonings. All items were approved unanimously, with amendments to operating hours for two use permits. The meeting also included public comments on the proposed Phoebus zoning changes.

Consent Calendar

• Minutes of November 15, 2018: Approved unanimously (7-0).

Public Comments & Testimony

• Item C (Colonial Downs OTB facility): Mary Mathis (34 Charlene Loop) expressed concern that the proposed adult‑oriented use would not create synergy with family‑oriented businesses in the Power Plant shopping center and suggested alternative uses like food trucks.
• Item G (Bowman Sol in the Wall live entertainment): Galen Kanoyton, president of the Hampton Branch NAACP, spoke in support of extending the restaurant’s live entertainment hours to 2 a.m. on weekends, citing consistency with other venues and the restaurant’s good management.
• Items H‑P (Phoebus zoning amendments): Joseph Skelly (15 Cantamar Court) advocated for considering tiny houses in the city’s zoning code to provide affordable housing for public employees. Fairfield Ward (1364 N. Mallory Street) commented on property width issues on Mallory Street. Herbie Dessen (115 Willard Avenue) asked for clarification that his existing building would not be affected.

Discussion Items

• Items A & B – Rezoning and Use Permit for 123 East Pembroke Avenue: The applicant, Mary Christian and the Barrett Peak Heritage Foundation, requested rezoning from RM (with proffers) to R4 and a use permit for a community center. The site, a historic former women’s club, would be restored as an educational and cultural center open to all. Staff recommended approval with 10 conditions. No public speakers. The commission approved both items unanimously.
• Item C – Use Permit for Colonial Downs Historical Horse Racing Facility: The applicant proposed an indoor off‑track betting facility with 700 historical horse racing machines, a full‑service restaurant, and a 30‑35 million dollar investment. Staff recommended approval with 17 conditions, including a lighting plan, security plan, and machine cap. The applicant requested operating hours of 8 a.m. to 2 a.m. seven days a week (instead of staff’s recommended split hours of 8 a.m.‑midnight Sunday‑Wednesday and 8 a.m.‑2 a.m. Thursday‑Saturday). They offered to provide off‑duty uniformed Hampton police officers from midnight to 2 a.m. as an additional security measure. The commission discussed the precedent for hours and the applicant’s revenue projections (approximately $2 million annually to the city). A motion to approve with amended hours (8 a.m. to 2 a.m. seven days a week) passed 7‑0.
• Items D, E, F – Zoning Ordinance Amendments for Live Entertainment: Staff proposed amendments to redefine live entertainment categories, simplify parking calculations, and allow shared parking agreements with a 90‑day exit clause. The changes aim to make the code more business‑friendly. No public comments. All three amendments were approved unanimously.
• Item G – Use Permit for Live Entertainment at Bowman Sol in the Wall: The applicant requested a use permit for live entertainment (live entertainment two) at a restaurant located at 1899 N. Armistead Avenue. Staff recommended 12 conditions, including hours of 11 a.m. to 11 p.m. Sunday‑Thursday and 11 a.m. to 1 a.m. Friday‑Saturday, due to adjacent residential zoning. The applicant sought 2 a.m. on weekends and midnight on weekdays, citing the lack of a dance floor, noise ordinance compliance, and proximity to the Coliseum. The commission discussed consistency with other permits (e.g., Comfort Zone) and supported the extension. An amendment to set hours at 11 a.m. to 12 a.m. Sunday‑Thursday and 11 a.m. to 2 a.m. Friday‑Saturday passed 7‑0.
• Items H‑P – Phoebus Zoning Amendments and Rezonings: Staff presented a package of seven zoning ordinance amendments and two rezonings to create three distinct Phoebus districts (PH1, PH2, PH3) that better reflect the area’s varying character – from an urban core (PH1) to a suburban edge (PH3). Changes include building height/width/setback requirements, sign regulations, parking credits, and green area exemptions. The rezonings would apply to approximately 28.3 acres (to PH2) and 11.3 acres (to PH3), including formerly split‑zoned parcels. Staff emphasized that existing buildings would be grandfathered. After public comments, all nine items were approved unanimously.

Key Outcomes

• Items A & B: Approved unanimously (7‑0) – Rezoning to R4 and use permit for community center at 123 E. Pembroke Ave, with 10 staff‑recommended conditions.
• Item C: Approved unanimously (7‑0) – Use permit for Colonial Downs historical horse racing facility, with 17 conditions amended to allow 8 a.m. to 2 a.m. seven days a week.
• Items D, E, F: Approved unanimously (7‑0) – Zoning ordinance amendments for live entertainment definitions, parking calculations, and shared parking agreements.
• Item G: Approved unanimously (7‑0) – Use permit for live entertainment at Bowman Sol in the Wall, with hours amended to 11 a.m.‑12 a.m. Sunday‑Thursday and 11 a.m.‑2 a.m. Friday‑Saturday, plus 12 staff‑recommended conditions.
• Items H‑P: All approved unanimously (7‑0) – Seven zoning ordinance amendments creating PH2 and PH3 districts and two rezonings (to PH2 and PH3) to implement the new districts.

The meeting adjourned with holiday wishes from the commission and staff.