Hampton Planning Commission Meeting Approves Zoning Amendments, June 25, 2020

The Hampton Planning Commission met on June 25, 2020, to consider several zoning ordinance amendments. All items were recommended unanimously for approval to the Hampton City Council, which will meet on July 8, 2020. Public comments focused on the withdrawal of a rezoning application for the Sunset Creek Boat Ramp, with speakers urging transparency and public involvement in the decision-making process. The meeting also included a director's report previewing future regulatory changes.

Consent Calendar

• Approved the minutes from the February 20th and June 4th meetings by unanimous voice vote.

Public Comments & Testimony

• Jill Davis (working with the Save Sunset Boat Ramp group, speaking as an individual) requested that the Planning Commission ask the city to provide information packages for future decisions that include: (a) perspectives from all impacted groups (noting the absence of Parks & Recreation input on the boat ramp privatization); (b) economic analysis of current revenue from the ramp and potential impact of privatization; and (c) copies of original source documents used to support recommendations. She also emphasized the importance of making all documentation part of the public record.
• Claire Newbert (405 Elizabeth Lake Drive) thanked the Commission for deferring the rezoning of the boat ramp parcels, stressed the ramp's importance to diverse users, safety, and family traditions, and noted that $208,750 in tax dollars was spent on ramp upgrades in 2009. She argued that selling the ramp and building another is not a viable 'win-win' due to ecological disruption.
• Jeff McMahon (97 Allegheny Road) submitted a letter from the Olde Wythe Neighborhood Association opposing the sale of the Sunset Creek Boat Launch and associated properties. He also urged the city to follow its own manual requiring posting of rezoning notices at the property, criticizing the reliance on newspaper ads and letters to nearby owners.

Discussion Items

• Zoning Ordinance Amendments 20-3 and 20-6 (Infill Housing Overlay): Staff explained that the amendments would relax front yard setback requirements for lots where the average block setback exceeds 30 feet, providing a minimum setback of 30 feet. This addresses issues where current averages pushed houses onto neighboring lots or into the Chesapeake Bay Preservation District. Amendments also remove the definition of 'infill lot' as redundant. Staff recommended approval. Commissioners discussed the relationship between the new setback and Chesapeake Bay protections, with staff noting that while the change could allow development to pull closer to the street, all Bay requirements still apply.
• Zoning Ordinance Amendments 20-7 and 20-8 (Fence and Overgrowth Regulations): Staff presented amendments that complement city code changes (which the Commission does not act on) to regulate overgrown shrubs, trees, and other vegetation. The zoning amendments add definitions of 'fence' and 'natural fence,' and make technical clarifications: fences can be in setbacks, vision clearance at corners, no encroachment into easements, and fences count as impervious area. Enforcement would include notices, voluntary compliance, abatement by city contractor with lien, or court summons with fines up to $1,000. Discussion covered how enforcement would work, the grandfathering of existing fences/hedges, and how overgrowth criteria would be applied.
• Zoning Ordinance Amendments 20-9 and 20-10 (Restaurants and Breweries with ABC Licenses): Staff presented amendments that add a use permit requirement for restaurants and microbreweries/distilleries/wineries holding a retail alcoholic beverage license, in response to House Bill 731 and Senate Bill 676. The amendments allow use permits to expire upon change of ownership, tenant, or business entity. Staff noted that existing use permits would be grandfathered, and the change only applies to new permits after the ordinance takes effect. Discussion clarified grandfathering, conditions for new owners, and the rationale for tying permits to operators rather than just locations.
• Director's Report: Staff gave a preview of upcoming regulatory proposals, including: parking on lawns, required green area, RV parking (including motor homes and boats), aligning vehicle use definitions with DMV, tightening non-conforming use expansion, multifamily housing regulations, and limiting impervious surface as part of the Resilient Hampton initiative.

Key Outcomes

• Unanimous motions to approve all four sets of zoning ordinance amendments (20-3, 20-6, 20-7, 20-8, 20-9, 20-10) to be forwarded to City Council for the July 8, 2020 meeting.
• The rezoning application 20-0004 (Sunset Creek Boat Ramp) was withdrawn by the property owner (the City of Hampton), and no action was taken by the Commission. Public comment on the item was heard under the public comment section.
• Commissioners directed staff to forward public comments about the boat ramp to the Citizens Advisory Group for their information.

Next Steps

• The City Council will consider the recommended zoning ordinance amendments at its July 8, 2020 regular meeting.
• Staff will continue drafting regulations for the items previewed in the director's report.