Hampton Planning Commission Meeting - June 17, 2021

The Hampton Planning Commission met on June 17, 2021, at 8:30 PM UTC (4:30 PM local) to consider three public hearing items, recognize outgoing members, and receive a briefing on a proposed parking on lawns ordinance. Key actions included approval of a use permit for a hookah lounge with extended hours, approval of a rezoning to expand uses at an e-commerce center, and approval of a use permit for a nonprofit charity center.

Recognitions & Resolutions

• The commission adopted resolutions honoring outgoing Commissioner Thomas "Tommy" Southall for his eight years of service (2013–2021) and retiring Deputy Director Stephen I. Shapiro for his 36 years of service with the City of Hampton. Both were commended for their contributions to planning, community engagement, and city development.

Public Comments & Testimony

• Use Permit 21-0002 (Faroes Bar & Hookah): One speaker, Dwight Thomas (207 Woodland Road), a nearby property owner, expressed concerns about noise, parking lot security, and the adequacy of a two-month compliance period after previous violations. He questioned the waiver of the typical one-year waiting period and asked about physical security measures beyond cameras.
• Use Permit 21-0005 (Best Kept Secret Stop the Violence): One speaker, Edwin Boone, read a poem in support of the applicant, describing the nonprofit as a safe haven for youth and a positive addition to Hampton. No other public speakers signed up for this item.
• Rezoning 20-11 (E-commerce Center): No public speakers signed up.

Discussion Items

Use Permit 21-0002 – Faroes Bar & Hookah (1405 E. Pembroke Ave.)

• The applicant requested a use permit to allow restaurant with ABC license to operate past 10 p.m. (until midnight Sunday–Thursday, 2 a.m. Friday–Saturday). The property is zoned C1/C2, and the business had previously violated the 10 p.m. curfew (March 25, 2021) and operated live entertainment without a permit.
• Staff recommended denial, citing the need for a one-year operational history without violations, consistent with past practice for live entertainment permits. The violation occurred on March 25, 2021, and only two months of compliance had passed since the April 15 deferral.
• The applicant, Azad Haji, and his attorney Grayson Orsini argued that the hookah lounge business model differs from live entertainment venues, as extended hours are essential for profitability. Haji noted he had held a neighborhood meeting, improved lighting, reduced security needs, and had no additional complaints. He committed to accepting staff's 17 recommended conditions.
• Commissioners noted the exceptional circumstances of the COVID-19 pandemic, the applicant's investment in the property, and the lack of new violations. They stressed this was a pilot case and not a change to standard precedent. The motion to approve with 17 conditions passed unanimously (7-0).

Rezoning 20-11 – E-commerce Center of Hampton (1708 Todd's Lane)

• The applicant sought to amend proffered conditions from a 2015 rezoning to allow 16 additional retail, service, and office uses (e.g., billiard hall, liquor store, day spa, medical office) in a building that currently houses self-storage (75% of floor area) and small businesses.
• Staff recommended approval with two conditions: the self-storage space shall not exceed 75% of total building square footage, and the exterior footprint shall remain unchanged.
• Commissioners debated the list of uses, particularly billiard hall and liquor store, which some felt conflicted with the original pitch of an e-commerce incubator. Mr. O'Neill clarified that without the storage use, the building would be by-right for most of these uses. The applicant's attorney noted the same owners also own the adjacent Todd Shopping Center.
• Commissioner Coleman expressed concern that the new uses could displace small startup businesses. Chairman Garrison opposed due to the inclusion of a billiard hall, which she felt could lead to late-night activity. The motion passed 5-2 (Chairman Garrison and Commissioner Coleman dissenting).

Use Permit 21-0005 – Best Kept Secret Stop the Violence (20 W. Mercury Blvd.)

• The applicant, Terry Riddick, requested a use permit to operate a private club and lodge for a nonprofit charity that provides youth mentoring, toy drives, and homeless services. The property is zoned C1, and the building was formerly a restaurant/bar.
• Staff recommended approval with 13 conditions, including no live entertainment without permits, security requirements, a cap on hours (8 a.m.–midnight Sunday–Thursday, 2 a.m. Friday–Saturday), and a requirement that the owner be present during third-party events.
• Commissioners raised concerns about parking (shared lot across Doolittle Street), pedestrian safety near the busy access road, and the perception of a "private club" in a neighborhood. The applicant clarified that youth events are held before 10 p.m., alcohol is not served during youth events, and he has a good relationship with neighbors.
• Commissioner Kellum voted no, citing strong opposition from a nearby resident (Mrs. Bryant) who felt the use was inappropriate for the area. The motion passed 6-1.

Director's Report – Parking on Lawns Ordinance Refresher

• Zoning Administrator Hannah Sabo presented a refresher on the proposed ordinance to regulate parking on residential lawns. The ordinance was previously deferred by City Council in September 2020 due to COVID-19. Council has since requested its return.
• Key points: The ordinance would not require driveways; street parking is allowed; if no street parking is available, an exception allows lawn parking. Low-cost surfaces (gravel, oyster shells, ribbon driveways) are permitted. A permit for new impervious area is required ($15, 3-day review). Enforcement would include a 10-day notice of violation.
• Commissioner Southall expressed concern about hardships for older residents and families with multiple vehicles on narrow lots. Commissioner Bond called the proposal a good compromise. No action was taken; the ordinance will come back for a public hearing in July 2021.

Key Outcomes

• Use Permit 21-0002 (Faroes Bar & Hookah): Approved unanimously (7-0) with 17 conditions, including extended hours and automatic expiration upon change of ownership.
• Rezoning 20-11 (E-commerce Center): Approved 5-2 with two conditions (storage cap, no exterior changes).
• Use Permit 21-0004 (Indoor Baseball Facility): Withdrawn by applicant; withdrawal accepted unanimously.
• Use Permit 21-0005 (Best Kept Secret Stop the Violence): Approved 6-1 with 13 conditions.
• Parking on Lawns Ordinance: Briefing only; will return for a public hearing in July 2021.
• Youth Planner Presentation: Noted; work continues on the Youth Master Plan and new member recruitment.