Hampton Planning Commission and City Council Meeting - April 15, 2021

The Hampton Planning Commission and City Council held a combined meeting on April 15, 2021, to consider use permits, code amendments, encroachment agreements, and a presentation on youth violence prevention. The planning commission considered two use permits, while council approved a tattoo parlor use permit, amended a high grass ordinance, and heard a detailed update on violence reduction strategies.

Consent Calendar

• The planning commission approved the minutes of the previous meeting (4 ayes, 3 abstentions).
• The city council approved a consent agenda comprised of minutes from three prior council meetings.

Public Comments & Testimony

• Planning Commission – Use Permit 20-8 (American Legion Post 48): Four members of the public spoke, including the applicant's architect and an American Legion Auxiliary member. The Phoebus Partnership submitted a letter of support. No opposing public testimony was given.
• Planning Commission – Use Permit 21-00002 (Faro's Barn Hookah): One public speaker, Patricia Gross of 174 Woodland Road, opposed extending operating hours, citing noise concerns from past restaurants at the location. She requested a deferral until after the pandemic so neighbors could be consulted.
• City Council Public Comments (tattoo parlor use permit 21-0121): No members of the public signed up to speak.
• City Council General Public Comments: Five speakers addressed council on various topics: feral cat issues (Pam Whitall and Linda Seely), city promotion (Tequila Daroo), police hiring (Craig Knopp), and appreciation for city leadership (A. F. Cordosa).

Discussion Items

Planning Commission – Use Permit 20-8: American Legion Post 48 Building (115 & 117 South Mallory Street)

• Applicant William Felt PE requested a use permit to construct a new building for American Legion Post 48 in the Phoebus Urban Core (PH-1) zoning district. The building design deviated from base development standards (building width 54.7 ft vs. 50 ft max, front property line occupancy 75% vs. 90% required, and a side setback of 4.36 ft vs. 0 ft due to a utility pole).
• Staff analyst Alison Jacura presented the report, noting that the facade and fenestration had been revised to align with the Phoebus Master Plan. Staff recommended approval with three conditions (property line vacation, compliance with elevations and site plan, and modified nullification language).
• Commissioners questioned parking adequacy (no on-site parking; reliance on the Lancer Street public lot) and architectural style compatibility with historic Phoebus. Staff clarified that architectural style cannot be regulated under the zoning ordinance; only building form is controlled.
• The applicant's architect explained the design used traditional materials (brick, old brick, shingles) and was a transition between commercial and residential. The American Legion Auxiliary member stated the building would be used for small meetings (about 28 people) and community service, not large events.
• Key Outcomes: Motion to approve with three conditions carried unanimously (7 ayes).

Planning Commission – Use Permit 21-00002: Faro's Barn Hookah (1405 East Pembroke Avenue)

• Applicant Azad Haji requested a use permit to operate a restaurant with an ABC license past 10 p.m. (proposed hours: Sunday–Thursday until midnight, Friday–Saturday until 2 a.m.). Staff analyst Alison Jacura presented, noting that this was the first use permit under new state authority (SB 676) allowing cities to require a permit for ABC-licensed restaurants.
• The property previously housed Crabtown (closed Dec. 2018). The business opened Feb. 19, 2021, under a zoning administrator permit allowing operation until 10 p.m. Staff reported two violations: live belly dancing on March 6 (without a permit) and operating past 10 p.m. on March 25 (police responded to a noise complaint). After a March 12 meeting with staff, the applicant assured compliance, but the March 25 violation occurred. Staff recommended denial.
• The applicant acknowledged the violations, described the business (hookah lounge with two separate areas), and presented letters of support from neighbors. He requested deferral to allow time to demonstrate compliance.
• Commissioners expressed concern about repeated violations. The manager testified he did not enforce closing time. Discussion included community meeting requirements, security conditions, and revenue impact (50% of revenue between 10 p.m. and midnight).
• Key Outcomes: Motion to defer the use permit to the June meeting carried unanimously (7 ayes). The deferral gives the applicant approximately two months to operate without violations and hold a neighborhood meeting.

City Council – Use Permit 21-0121: Tattoo Parlor with Day Spa (3016 West Mercury Boulevard)

• City planner Frank Glover presented a use permit for a tattoo parlor in conjunction with a day spa (cosmetic and permanent makeup). The property is zoned C-2 limited commercial. Seven conditions were attached, including hours 10 a.m. to 10 p.m., no visible tattooing from exterior, and operation only in conjunction with the day spa. Planning commission had recommended approval.
• No public speakers. Council approved unanimously (7 ayes).

City Council – Code Amendment 21-0133: High Grass and Overgrowth in Chesapeake Bay Districts

• Property maintenance manager Kim Michael presented an amendment to clarify enforcement of high grass/overgrowth ordinances in Chesapeake Bay Preservation Act overlay districts. The amendment requires mowing of legally established lawns unless a buffer establishment application is approved. It also requires compliance with overgrowth ordinances for all properties.
• Council approved unanimously (7 ayes).

City Council – Encroachment Agreements (Items 21-0125 and 21-0131)

• Two resolutions approved for privacy fences encroaching into city drainage easements (231 Hampton Roads Avenue and 714 Irk Skyne Street). Staff found no objections. Both approved unanimously.

City Council – Reports: Reopening of City Facilities

• City Manager informed council that due to reduced COVID-19 cases and staff availability from vaccine clinics, libraries would reopen April 19 with modified hours (Mon-Fri 10 a.m.-4 p.m., Sat 1-5 p.m.). Community centers and the senior center would reopen May 3 as wellness hubs with fitness appointments and classes. Pools, tennis center, and picnic shelters would also reopen with restrictions. Large festivals remain suspended per governor's guidelines.

City Council – Presentation: Youth Violence Prevention Strategies

• Cynethia White (Office of Youth and Young Adult Opportunities) and credible messenger Adrian Cook presented an update on violence reduction planning. Key elements:
  • Mini-grant program (up to $20,000/year) for prevention/intervention/re-entry; no applications received for re-entry.
  • Summer employment program: 124 applications received; 80 participants in PRO program; 70 placement requests from businesses.
  • Hospital-connected violence intervention: partnering with Riverside's Hand-in-Hand program; VCU's Bridging the Gap for training.
  • Outreach team: supervisor hire underway; technical assistance sought for conflict resolution, cultural competency, and program design.
  • Credible messenger network: Adrian Cook shared personal story and urged full-time funding. Councilmembers emphasized need for sustained resources and metrics.
  • Youth Violence Prevention Week (April 19-24 included a mayors' forum, drive-through family game night (50 kits), and a unite action challenge.
• Council discussed funding for credible messengers, re-entry gaps, and need for public-private partnerships.

Key Outcomes

• Use Permit 20-8 (American Legion): Approved (7-0) with three conditions.
• Use Permit 21-00002 (Faro's Barn Hookah): Deferred to the June planning commission meeting (7-0) to allow applicant to demonstrate compliance.
• Use Permit 21-0121 (Tattoo parlor): Approved (7-0) with seven conditions.
• Code Amendment 21-0133 (High grass/overgrowth): Approved (7-0).
• Encroachment agreements (21-0125 and 21-0131): Both approved (7-0).
• Appointments: Dana Hubbard appointed to Coliseum Advisory Committee; councilmembers assigned to Virginia Municipal League policy committees.
• Youth violence prevention: Council received update; continued planning for summer programs and credible messenger integration; staff to explore additional funding and metrics.