OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Hampton Planning Commission Meeting – October 17, 2019

Planning CommissionThursday, October 17, 2019
BodyHampton, Virginia
SessionPlanning Commission
DateThursday, October 17, 2019
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
9:04

I'd like to call to order the October meeting at the Planning Commission.

9:09

Can we take the role, please?

9:12

Dr.

9:12

Coleman.

9:13

Miss Callum.

9:15

Here.

9:16

Mr.

9:16

South Hall.

9:17

Here.

9:18

Dr.

9:18

Carter?

9:19

Mr.

9:20

Brown.

9:20

Present.

9:21

Miss Bonsing.

9:22

Here.

9:23

Chairman Garrison.

9:24

Present.

9:28

Do we have any updates or changes that we'd like to make to the minutes before we make a take a motion on the minutes?

9:41

I moved that we accept the minutes.

10:00

Buncing?

10:00

Aye.

10:00

Chairman Garrison.

10:02

Aye.

10:05

Okay, the minutes have been approved.

10:07

Would you like to read the introduction for the public hearing?

10:13

To ensure that the affairs of the commission may be conducted in an orderly manner to ensure that all persons desiring to address the commission on matters pertinent to it are afforded an opportunity to do so to permit persons in attendance to observe and hear the proceedings of the commission without distraction and to permit the commission to conduct city business with minimal disruption.

10:32

Rules for public hearing and comment are established as follows.

10:37

Please turn off all cell phones.

10:39

If you are attending the hearing and desire to speak on an item, please enter your name, address, and item number at the desk in the back of the chambers prior to the call to order.

11:18

Individuals other than the applicant or the applicant's representative who have signed up to comment on the case shall have three minutes to present written and/or oral arguments.

11:29

Speakers who have signed up may also may use their allotted time only for themselves and may not donate their time to other speakers.

11:38

After all persons who desire to address the commission have had the opportunity to do so, the chairman may grant rebuttal time to the applicant if previously requested by the applicant, and at his or her discretion, may grant additional time to persons other than the applicant who have previously spoken.

11:56

The chairwoman may close the public hearing at any time after all persons who desire to address the commission have had one opportunity to do so, other than any rebuttal reserved by the applicant.

12:07

Please note that the actions taken by the commission today are in the form of a recommendation to the Hampton City Council.

12:13

The final decision to approve or disapprove an application will be made by City Council at a future date.

12:25

Okay, would you uh like to do the presentation for the use permit application 19-0008?

12:35

Yes, the first item for public hearing is use permit application 19-8, which is a request by HPP Western LLC for live entertainment to at 1976 C Power Plant Parkway, currently known as Guy Fieri's Dive and Taco Joint.

12:50

Uh this presentation will be made by Frank Glover, who is a city planner with the community development department, and this is his first presentation before you.

12:59

Good afternoon, Commissioners.

13:01

My name is Frank Glover, and this is the use permit application number 19-8.

13:09

This is a use permit application for live entertainment to Guy Fiery's Dive and Taco Joint.

13:17

Guy Fieries is located in the central part of the city near the convention center and hotels.

13:23

It is also located off of Interstate 64.

13:29

The restaurant's address is located in the power plant development at 1976 C power plant parkway.

13:38

A part of a large commercial lot next to the Bass Pro Shops to its right and adjacent to Guy Fiery's Pizza to its immediate left.

13:47

Also on this commercial lot is Rosie's Colonial Downs.

13:53

This is a view of the proposal for the interior outside cover deck floor plan at Guy Fieries.

14:00

As one can see the north arrow is facing down on this drawing.

14:05

The pond and the interstate are to the north on the bottom of the slide.

14:10

The area outlined in green is the inside floor plan area featuring the band stage shaded in orange and the DJ boost shaded in yellow.

14:23

The seating arrangement here without a dance floor would be a permanent fixture of the interior floor plan.

14:32

The area outlined in red.

14:37

Along the north facing side of the restaurant is the covered deck area where music will be projected to the customers via a speaking system.

14:48

Guy Fieri's Dive and Taco Joint already has live entertainment one permit.

15:00

But because the performance area exceeds 75 square feet, and the establishment wishes to exceed the limitation on hours for live entertainment one, the restaurant is therefore seeking a live entertainment to use permit.

15:11

This establishment wants to feature bands, typically Thursday through Saturday nights, 9 p.m.

15:18

to 2 a.m.

15:20

closing time.

15:21

On those nights without bands, especially Tuesdays, Guise proposes to have a DJ on those select evenings from 9 p.m.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████76%
Engineering And Infrastructure████7%
Permit Processes███5%
Entertainment Regulation██4%
Agriculture Education██3%
Public Safety2%
Tourism Promotion1%
Youth Programs1%
Environmental Protection1%
Summary of Proceedings

Hampton Planning Commission Meeting – October 17, 2019

The Hampton Planning Commission met on October 17, 2019, at 20:30 UTC. The meeting included a public hearing on a use permit for live entertainment at Guy Fieri's Dive and Taco Joint, a youth planner presentation, and a pre-recorded educational segment on building permits. The commission unanimously recommended approval of the use permit with 12 conditions.

Call to Order & Approval of Minutes

  • Chairman Garrison called the meeting to order. Roll call: Dr. Coleman, Miss Callum, Mr. South Hall, Dr. Carter, Mr. Brown, Miss Bonsing, and Chairman Garrison were present.
  • Minutes from the previous meeting were approved by a unanimous voice vote.

Public Hearing: Use Permit 19-0008 – Live Entertainment at Guy Fieri's Dive and Taco Joint

  • Staff Presentation: City Planner Frank Glover presented the request by HPP Western LLC for a live entertainment (Level 2) use permit at 1976 C Power Plant Parkway (Guy Fieri's Dive and Taco Joint). The restaurant already held a Level 1 permit but sought Level 2 because the performance area exceeds 75 square feet and they wish to extend hours beyond Level 1 limits. Proposed activities: bands Thursday–Saturday 9 p.m. to 2 a.m., and a DJ on select evenings (e.g., Tuesdays) 9 p.m. to midnight. No dance floor. Music would be piped to an outdoor covered deck via speakers. The property is in the C-2 zoning district, within the Coliseum Central Overlay District and the Power Plant Parkway Initiative area. Staff recommended 12 conditions, including: security personnel at a minimum of one per 75 patrons for the live entertainment area, with at least one security staff posted outside; compliance with the city noise ordinance; no dance floor; consistent seating layout; and adherence to hours of operation. Staff recommended approval.
  • Applicant Presentation: Lisa Murphy, attorney for the applicant, thanked staff and noted that the investment in the space was $1.6 million. She stated that the restaurant currently has over 80 employees and serves 150 guests on a typical weekday and 350 on weekends. She emphasized that the venue is part of a larger entertainment destination with PBR and Guy Fieri's Pizza Parlor, all under the same management and ABC license. She argued that impacts are limited due to the location near Interstate 64 and Bass Pro Lake, with ample parking and similar nearby uses. She consented to the 12 conditions.
  • Commissioner Questions: Mr. Brown asked about security enhancements. Antoine Del Carpio, Director of Operations, explained that security is based on capacity, with a minimum of one per 75 patrons, and they increase staffing for special events. They also employ off-duty Hampton police officers (at least two) paid by the establishment. Security is provided by a third-party company under contract. Mr. Brown inquired whether security personnel are DCJS (Department of Criminal Justice Services) certified; Del Carpio did not have that information immediately but said he would follow up. Commissioner Bonsing asked about noise from music piped outdoors; Murphy responded that most patrons would be inside, and the outdoor music would be modest, with no competing bands because all three facilities are under the same management.
  • Public Comment: No members of the public signed up to speak.
  • Vote: Commissioner Bonsing moved to approve Use Permit 19-0008 with the 12 conditions; the motion was seconded. Roll call: Dr. Coleman – aye, Miss Callum – aye, Mr. South Hall – aye, Dr. Carter – aye, Mr. Brown – aye, Miss Bonsing – aye, Chairman Garrison – aye. The use permit was recommended for approval to City Council unanimously.

Community Development Director's Report

  • Director Hayes introduced the monthly Youth Planner presentation. Junior Youth Planner Maya Patterson presented the October Youth Plan Report. She summarized activities in September: four general meetings and two executive meetings; committees worked on a memo to City Council, grants interest meeting preparations, planning for a candidate forum in March, implementing a financial literacy program with Parks and Recreation, and updating the youth master plan using data from Dream Studios. Next steps for November include two committee meetings, two commission meetings, and a second grants interest meeting on November 25.

Round Robin Interview: Building Permits and Development Services

  • The meeting concluded with a pre-recorded episode of "Round Robin" hosted by Robin McCormick, featuring Hannah Sabo, head of the Development Services Center. The segment covered the permit process for homeowners and contractors, including: when permits are required (e.g., interior work that moves walls or plumbing, new construction, additions, decks, fences); why permits are needed (state and federal building codes, safety, resale value); permit fees as user fees; the risk of early start penalties; checking contractor licenses via DPOR; the importance of calling the city (311) before starting work; and special considerations for properties in flood zones or the Chesapeake Bay Preservation District (100-foot buffer, requirements for impervious surfaces). Sabo emphasized that the city's goal is to partner with homeowners to ensure safe construction.

Key Outcomes

  • Use Permit 19-0008 (live entertainment at Guy Fieri's Dive and Taco Joint) was recommended for approval by the City Council with 12 conditions, on a unanimous vote (7-0).
  • The monthly Youth Planner report was presented and received.
  • The meeting included an informational segment on building permits, reinforcing the city's commitment to code compliance and safety.

Meeting Transcript

I'd like to call to order the October meeting at the Planning Commission. Can we take the role, please? Dr. Coleman. Miss Callum. Here. Mr. South Hall. Here. Dr. Carter? Mr. Brown. Present. Miss Bonsing. Here. Chairman Garrison. Present. Do we have any updates or changes that we'd like to make to the minutes before we make a take a motion on the minutes? I moved that we accept the minutes. Buncing? Aye. Chairman Garrison. Aye. Okay, the minutes have been approved. Would you like to read the introduction for the public hearing? To ensure that the affairs of the commission may be conducted in an orderly manner to ensure that all persons desiring to address the commission on matters pertinent to it are afforded an opportunity to do so to permit persons in attendance to observe and hear the proceedings of the commission without distraction and to permit the commission to conduct city business with minimal disruption. Rules for public hearing and comment are established as follows. Please turn off all cell phones. If you are attending the hearing and desire to speak on an item, please enter your name, address, and item number at the desk in the back of the chambers prior to the call to order. Individuals other than the applicant or the applicant's representative who have signed up to comment on the case shall have three minutes to present written and/or oral arguments. Speakers who have signed up may also may use their allotted time only for themselves and may not donate their time to other speakers. After all persons who desire to address the commission have had the opportunity to do so, the chairman may grant rebuttal time to the applicant if previously requested by the applicant, and at his or her discretion, may grant additional time to persons other than the applicant who have previously spoken. The chairwoman may close the public hearing at any time after all persons who desire to address the commission have had one opportunity to do so, other than any rebuttal reserved by the applicant. Please note that the actions taken by the commission today are in the form of a recommendation to the Hampton City Council. The final decision to approve or disapprove an application will be made by City Council at a future date. Okay, would you uh like to do the presentation for the use permit application 19-0008? Yes, the first item for public hearing is use permit application 19-8, which is a request by HPP Western LLC for live entertainment to at 1976 C Power Plant Parkway, currently known as Guy Fieri's Dive and Taco Joint. Uh this presentation will be made by Frank Glover, who is a city planner with the community development department, and this is his first presentation before you. Good afternoon, Commissioners. My name is Frank Glover, and this is the use permit application number 19-8. This is a use permit application for live entertainment to Guy Fiery's Dive and Taco Joint. Guy Fieries is located in the central part of the city near the convention center and hotels. It is also located off of Interstate 64. The restaurant's address is located in the power plant development at 1976 C power plant parkway. A part of a large commercial lot next to the Bass Pro Shops to its right and adjacent to Guy Fiery's Pizza to its immediate left. Also on this commercial lot is Rosie's Colonial Downs. This is a view of the proposal for the interior outside cover deck floor plan at Guy Fieries. As one can see the north arrow is facing down on this drawing. The pond and the interstate are to the north on the bottom of the slide.

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