Hampton Planning Commission and City Council Meetings – October 15, 2020

This combined session on October 15, 2020 opened with the Hampton Planning Commission's annual elections and business, followed by the Hampton City Council's regular meeting. The Planning Commission recommended approval of a warehouse/distribution rezoning and two wireless infrastructure zoning amendments. The City Council approved consent items, several zoning and code amendments, an ERIFA solar project participation agreement, and appointments, and heard public comments on COVID restrictions, a boat ramp sale, and election safety.

Planning Commission: Elections and Minutes

• Carol Garrison was re-elected Chairman and Chris Carter was elected Vice Chairman for the ensuing year, both by unanimous votes.
• Minutes from the September 17 meeting were approved; Chairman Garrison abstained because she was not present.

Planning Commission: Rezoning Application 20-0007 – 210 West Mercury Boulevard

• Gator Hampton Properties LLP requested rezoning of approximately 21.2 acres from C2 (Limited Commercial) to M1 (Limited Manufacturing) with proffered conditions to operate a warehouse and distribution center at the former Kmart site.
• Staff planner Mike Hayes presented the concept plan, including improved stormwater, landscaping, screening, and traffic access. The site plan had undergone two rounds of staff review.
• Applicant's attorney RJ Nutter of Tropman Pepper described a confidential end user, approximately 200+ jobs starting at $15/hour with benefits, about 910 vehicle trips per day, large truck deliveries between 10 p.m. and 3–4 a.m., and delivery vans leaving after 10 a.m. He also noted the site has been derelict for over 40 years.
• Public comment: Shelley Thomas, representing a church at 108 West Mercury Boulevard, voiced concerns about traffic impacts on school buses, a nearby school, and evening church activities; she expressed excitement about the development but urged consideration of residential impacts.
• Commissioner Southall expressed strong support, saying the M1 use would complement the area and provide walking-distance jobs. Commissioner Kellum and others also supported the project.
• The Commission unanimously recommended approval of rezoning 20-0007 with five proffered conditions. (This is a recommendation to City Council.)

Planning Commission: Wireless Infrastructure Zoning Amendments 20-00023 and 20-00024

• Hannah Sabo presented the two related zoning amendments to update wireless infrastructure regulations to comply with state law, introducing small cell design standards, shot clocks, and a new administrative review process.
• No members of the public signed up to speak or addressed the Commission.
• Both amendments were unanimously recommended to City Council: 20-00023 (use table and additional standards) and 20-00024 (definitions).

Planning Commission: Youth Planner Report and Annual Report

• Youth Planner Maya Patterson and new junior planner Jericho reported on the Hampton Youth Commission's committees, grant timeline, mental health forum, and meetings.
• Planning Director Mike Hayes presented the FY2019–2020 annual report: 5 rezonings, 7 use permits, 18 zoning ordinance amendments, 1 community plan amendment, and 1 planning commission action. He highlighted work on Langley Business Park, live entertainment definitions for restaurants, tree/shrub enforcement, shared parking credits, and kennel updates, along with staffing vacancies and upcoming priorities.

City Council: Recognitions and Consent Agenda

• The Council recognized the Virginia Crusaders Athletic Program for 15 years of youth development and community service.
• Hampton won the Mayor's Cup Blood Drive; 114 units of blood collected in June, potentially saving 342 lives. The next blood drive is October 18.
• The consent agenda (items 1–7), including budget appropriations, minutes, and the 2021 meeting schedule, was approved unanimously.

City Council: Public Hearings

• Item 11 – Zoning Ordinance Amendment 20-0287 (adding four uses to the M2 Light Manufacturing district) was presented by Hannah Sabo and unanimously approved.
• Items 8, 9, and 10 – vehicle-related amendments (City Code 20-0290 on inoperable vehicles, Zoning 20-0288 on definitions, and Zoning 20-0289 on use standards) were presented jointly by Hannah Sabo and Kim Michael. Changes include a 10-day compliance period (down from 60 days), stricter screening for inoperable vehicles, and new use-permit requirements for certain vehicle uses. Each item was approved unanimously.
• No speakers signed up for any of these public hearings.

City Council: Public Comments

Six citizens spoke:

• Bethany Stevenson opposed pandemic restrictions and mask mandates, citing personal hardship, the closure of playgrounds, and her belief that healthy children face minimal COVID risk; she called the measures “government overreach.”
• Ronnie Yarrington raised complaints about road maintenance, manholes, a drainage project, and grass clippings blowing into the street; he also mentioned a gas line installation.
• Craig Knopp asked the Council to lobby the Governor to revise HB 5058, which he said prevents police from stopping drivers for broken headlights or taillights, citing nighttime safety concerns.
• Brenda Marks questioned the proposed sale of Sunset Creek Boat Ramp to Blue Water, presenting a Fire Chief's letter about its operational importance for public safety access to Hampton Creek, and alleging a 12-year encroachment that the city did not enforce.
• Galen Kanoitz, president of the Hampton Branch NAACP, requested an ordinance prohibiting firearms at polling places and public buildings, citing increased gun permits and the need to protect voters on November 3.
• Rebecca Wynne echoed the request, noting that state and federal laws cover schools but not libraries and community centers used as polling places.

City Council: General Items and Appointments

• Item 12 – Ordinance 20-0294 (wireless infrastructure in streets and sidewalks) was presented by Terry O'Neill and Bonnie Brown. Council members discussed enforcement of the 90-day abandonment provision. It was unanimously approved.
• Item 13 – Resolution 20-0295 approved Hampton's participation in an ERIFA regional economic development project to purchase 432 acres in York County and lease about 250 acres to KDC Solar LLC for a solar farm; Hampton's projected contribution is $15,000 in the first year and $5,000 in each of the next four years. It was unanimously approved.
• A motion to defer appointments to the Planning Commission, Golf Course Advisory Committee, and Senior Citizens Advisory Committee until November 12, 2020 was unanimously approved.
• Reappointments of Brenda Stokes and Wayne Gomes to the Peninsula Stadium Authority, appointment of A.G. Wombles to that authority, and appointment of Grady McLean to the Hampton Clean City Commission were unanimously approved.

Key Outcomes

• Planning Commission unanimously recommended: rezoning 20-0007 with five proffered conditions; zoning ordinance amendments 20-00023 and 20-00024.
• City Council unanimously approved: consent agenda (1–7), ordinance 20-0287, ordinance 20-0290, ordinance 20-0288, ordinance 20-0289, ordinance 20-0294, resolution 20-0295, and the appointments; deferred certain appointments to November 12, 2020.