Hampton Planning Commission Meeting

Date: September 17, 2020, 20:30 UTC

The Hampton Planning Commission convened to discuss several use permits, zoning ordinance amendments, and receive briefings. Key actions included a tied vote on extending hours for a historical horse racing facility, unanimous approval of an indoor shooting range use permit, and unanimous recommendations on zoning changes for vehicle-related uses and manufacturing districts. The commission also heard updates on youth planning, resiliency projects, and multifamily zoning regulations.

Consent Calendar

• Minutes Approval: The minutes from the previous meeting were approved with one abstention (Dr. Coleman, who was absent). Vote: Dr. Coleman (abstain), Ms. Kellum (aye), Mr. Southall (aye), Mr. Brown (aye), Mr. Bond (aye), Chairman Garrison (aye), Vice Chair Carter (aye).

Public Comments & Testimony

• Zena Middleton (44 Filmore, Hampton) spoke in opposition to the condition of a used car dealership at 112-116 West Pembroke Avenue. She noted 13 inoperable vehicles on the lot with only 3-4 for sale, tall grass, and lack of screening near a residential home. She requested that zoning amendments include fencing or tree lines for non-conforming businesses to improve aesthetics. No vote was taken on her specific concerns, but the amendments addressed outdoor storage screening.

Discussion Items

Use Permit 20-3 – Extension of Hours for Rosie's (Historical Horse Racing Facility)

• Proposal: Colonial Downs Group LLC sought to amend condition #9 of an existing use permit to extend daily operating hours from 8am-2am to 8am-4am at 1990-1996 Power Plant Parkway.
• Staff Report (Donald Whipple): The facility opened in October 2019, but COVID-19 caused a 3-month closure, resulting in only 7 months of operational data. Police reports showed no significant incidents attributed to the site. The Coliseum Central Business Improvement District and police supported the extension. Staff offered two options: defer for 12 months of data or approve now.
• Commission Discussion: Commissioners Bond and Brown opposed because they wanted 12 months of data to remain consistent with policy. Commissioners Kellum and Southall supported approval, noting positive reports and community benefit. Commissioner Coleman initially voted against but later joined Brown and Bond in a tie. Chairman Garrison and Vice Chair Carter's votes created a 3-3 tie.
• Motion to Defer: A motion to defer until February 2021 failed 3-3 (Coleman, Brown, Bond aye; Kellum, Southall, Garrison, Carter nay).
• Motion to Reconsider: A motion to reconsider the first vote failed 2-4 (Kellum, Southall aye; Coleman, Brown, Bond, Carter nay; Garrison not voting?).

Use Permit 20-4 – Indoor Shooting Range

• Proposal: Research Holdings LLC requested a use permit to operate an indoor shooting range within a mobile trailer anchored to an existing concrete pad at 34 Research Drive.
• Staff Report (Donald Whipple): The trailer is the same previously used at NASA Drive. The primary business (Threat Tech) serves DOD and law enforcement clients. Staff recommended approval with seven conditions.
• Public Comment: None.
• Commission Vote: Unanimous approval (7-0).

Zoning Ordinance Amendment 20-22 – M2 District Uses

• Proposal: Add manufacturing/processing/treatment one, office/laboratory/research, utility infrastructure for government functions (permitted by right), and railroad tracks (permitted with use permit) to the Light Manufacturing (M2) district.
• Staff Report (Hannah Sabo): The amendment aligns M2 with other light manufacturing districts and supports economic development.
• Public Comment: None.
• Commission Vote: Unanimous recommendation for approval (7-0).

Zoning Ordinance Amendments 20-11 (Definitions) and 20-18 (Uses) – Vehicle-Related Uses

• Proposal: Clarify definitions (e.g., light/heavy vehicle repair, outdoor storage, scrap metal processor) and change how certain uses are permitted (e.g., requiring use permits for heavy vehicle repair, outdoor vehicle storage, salvage). Also amend city code to limit unscreened inoperable vehicles to licensed heavy vehicle repair businesses.
• Staff Report (Hannah Sabo): Goals include codifying existing interpretations, aligning with DMV terms, and adding oversight.
• Public Comment: Zena Middleton expressed concerns about non-conforming dealerships and requested fencing requirements.
• Commission Vote: Unanimous recommendation for approval for both 20-11 and 20-18 (7-0 each).

Youth Plan Report

• Maya Patterson (Senior Youth Planner) presented: New youth commissioners selected, boot camp held July 28-29, new youth planner Jericho Nicely appointed, and committees formed (Youth Voice, Youth Master Plan, Grants, Community Youth Initiative). Virtual youth forum on depression planned for winter.

Resilient Hampton Update

• David Imbergia (Resiliency Officer) briefed on projects in the New Market Creek watershed: road raising (Armistead Avenue), green parking lots, rain garden grant program (up to $1,000/property), and partnerships with Chesapeake Bay Foundation. Council exploring options to reverse impervious surface increase and tree canopy loss.

Multifamily Zoning Regulations Briefing

• Alison (Senior Planner) presented a two-phase approach to improve multifamily development quality. Phase one (proposed for October) would: grandfather existing apartments, permit upper-floor dwelling units by right, create a new "residential mixed-use" definition, require use permits for multifamily outside Buckroe and Phoebus, and add standards (minimum 30 units/acre, frontage, parking behind, open space amenities, elevation for sea level rise). Phase two will address Coliseum Central and downtown districts.

Key Outcomes

• Use Permit 20-3 (Rosie's hours): Motion to approve failed 3-3 (Kellum, Southall, Garrison aye?; Coleman, Brown, Bond nay; Carter? resulting in a tie). Motion to defer failed 3-3. The application was forwarded to City Council without a recommendation.
• Use Permit 20-4 (Indoor shooting range): Approved unanimously (7-0) to recommend to City Council.
• Zoning Amendment 20-22 (M2 uses): Recommended for approval unanimously (7-0).
• Zoning Amendments 20-11 & 20-18 (Vehicle uses): Recommended for approval unanimously (7-0 each).
• Elections: Postponement of chair and vice chair elections to the October meeting was approved unanimously.
• Next Steps: City Council will consider use permits and zoning amendments in coming weeks. The multifamily zoning ordinance will be presented for adoption at the October planning commission meeting.