Hampton Planning Commission Meeting - June 8, 2020

The Hampton Planning Commission held a hybrid in-person and virtual meeting on June 8, 2020, at 5:15 PM. The meeting addressed several rezoning and use permit applications, as well as updates to zoning ordinances related to animal uses. Due to COVID-19, the commission adopted a new electronic participation policy and allowed three commissioners to participate remotely. The meeting included public comments on multiple items.

Consent Calendar

• Adoption of Electronic Participation Policy: The commission unanimously adopted a resolution (4-0) allowing members to participate electronically under certain conditions (personal emergency, medical condition/disability). The policy limits personal emergency use to two per year.
• Approval of Electronic Participation: The commission unanimously approved (4-0) the electronic participation of Commissioners Coleman, Brown, and Bond, citing personal matters and health conditions related to COVID-19.
• Withdrawal of Use Permit 19-00001: The commission accepted the withdrawal of a use permit application for a bed and breakfast at 7th Street, as requested by the applicant.

Public Comments & Testimony

• Rezoning 20-00004 (Blue Water Yacht Sales): Four speakers addressed the commission. Brenda Marks (54 Marina Road) opposed the rezoning, citing noise, traffic, and safety concerns from increased boat and truck traffic. She noted the lack of operating hour restrictions and requested conditions if approved. Claire Newbert (405 Elizabeth Lake Drive) opposed, arguing that the redevelopment would eliminate the only public boat ramp on the Hampton River, which is used by small boat owners and families. Jeff McMahon (97 Allegheny Road) opposed, pointing to the absence of a required public notice sign on the property and warning of encroachment similar to the 2014 Kalana Shipyard expansion. Susan Kelly (803 Park Place) opposed, noting that the rezoning is part of a larger plan to purchase the public boat ramp, which would remove public access. She also expressed confusion about the city's parallel sale of the ramp property to Blue Water.
• Animal Ordinance Amendments: Regina Quinn (founder of Blue Angels Advocacy and Rescue Resource) spoke in support of the amendments but raised concerns about inconsistencies, including the requirement for a use permit for home-based rescues in all zones, while for-profit doggy daycares have more flexibility. She also requested that the city regulate backyard breeding. She shared her personal experience of receiving a violation for operating a rescue, while other rescues continued without enforcement.

Discussion Items

• Rezoning 20-00004 (Blue Water Yacht Sales): Staff recommended deferral to the June 25 special meeting due to significant public discussion and a failure to post a required sign on the property. The applicant's attorney, Larry Cummings, concurred with the deferral and briefly stated that the expansion would allow Blue Water to service larger vessels via water access, not roadway, and that the company would allow the city to lease back the boat ramp property for up to a year and a half to find a replacement public ramp. Commissioners asked clarifying questions about the property on Camden Street and traffic impacts. The public hearing was held, and the item was deferred.
• Rezoning 20-00008 (Mary Jackson Neighborhood Center): Staff presented a proposal to rezone 3.3 acres at 231 Lincoln Street from R9 to PO-1 (parks and open space) to build a neighborhood center and park. The site was previously a community center that closed in 2015. The rezoning is part of a larger plan to create a new block with new streets and potential housing. The commission approved the rezoning unanimously.
• Use Permit 20-00001 (Private Driving School): Jerome Simon requested a use permit to operate a private driving school at 318 West Mercury Boulevard in a C2 (limited commercial) district. The school would have one classroom for up to 20 students, with hours Monday–Sunday, 8 a.m. to 9 p.m. Staff recommended approval with seven conditions, including limiting use to one classroom due to parking constraints (shared lot with 26 spaces). Commissioners discussed the possibility of allowing two classrooms on weekends when other businesses are closed, and staff noted that parking credits could be pursued administratively. The commission approved the permit unanimously with the conditions and directed staff to work with the applicant on potential parking credit flexibility before the City Council hearing.
• Zoning Ordinance Amendments 20-00004 and 20-00005 (Animal-Related Uses): Staff presented amendments to add definitions and modify uses for animal daycare, animal shelter, home-based rescue, veterinary hospital, and kennel. The amendments aim to align the zoning ordinance with city code and provide clarity for enforcement. The commission heard public comment from Regina Quinn, who expressed concerns about unequal treatment of nonprofits versus for-profit businesses. Staff clarified that home-based rescues with fewer than five companion animals (over four months old) would not require a use permit, and that legally existing nonconforming uses would be grandfathered. The commission approved both amendments unanimously.

Key Outcomes

• Electronic Participation Policy: Adopted (4-0) and implemented for the meeting.
• Rezoning 20-00004 (Blue Water Yacht Sales): Deferred to the June 25, 2020 special meeting.
• Rezoning 20-00008 (Mary Jackson Neighborhood Center): Approved (5-0) to rezone 3.3 acres to PO-1.
• Use Permit 20-00001 (Driving School): Approved (5-0) with seven conditions, with staff to explore parking credit options before City Council.
• Zoning Ordinance Amendments 20-00004 and 20-00005: Both approved (5-0) and will be forwarded to the City Council for final action.

The meeting adjourned after announcements about the June 25 special meeting and thanks to staff for adapting to the virtual format.