Hampton City Council and Planning Commission Meeting - July 15, 2021
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Hampton City Council and Planning Commission Meeting - July 15, 2021
The meeting began with the Planning Commission handling rezoning, use permits, and zoning ordinance amendments, followed by a legislative session of the City Council addressing additional public hearings, consent agenda items, and a presentation from the Fort Monroe Authority. Key topics included rezoning for a single-family home, a senior multifamily development, a pet hospital, and amendments regarding parking on lawns, temporary signs, flags, cemeteries, and storage facilities in Phoebus. The City Council also approved a use permit for a hookah lounge and a private club for a violence prevention charity, amid community input.
Consent Calendar
- Planning Commission: Approved minutes from previous meeting; welcomed new Commissioner Tracy Bruce; adopted rules for public hearings.
- City Council: Approved consent agenda including amendments to the FY2022 budget to accept grant funding for a stormwater study at Joint Base Langley-Eustace, continuation of early intervention services, traffic signal upgrades, EMS training and equipment, and the Violence Against Women Prosecution Program. Also approved encroachment agreements for RTD Commercial LLC and outdoor dining permits on Queensway, terminated the local emergency declaration for COVID-19 effective July 1, 2021, and approved minutes of four legislative sessions.
Public Comments & Testimony
- Rezoning 21-00004 (Brightwood Ave): Jack Robinson (3533 Kiketan Road, representing White Oaks Lodge) expressed opposition, stating the single-family home would eliminate a buffer zone, cause noise complaints, and lead to conflicts between the restaurant and future residents. He suggested stipulations to notify potential homeowners of the commercial operation.
- Zoning Amendment 21-00002 (Phoebus Storage): Joe Griffith (46 North Willard Avenue, neighborhood commissioner) spoke against the amendment, citing a survey of adjacent residents and businesses. He reported that 80% of property owners opposed, concerned about impacts on historic character, traffic, light pollution, and quality of life. He requested denial.
- Use Permit 21-0175 (20 West Mercury Blvd):
- Debbie Bryant (28 Doolittle Road) opposed, citing a 1994-96 neighborhood plan that explicitly rejected bars and live entertainment. She expressed concerns about noise from bass and drums, third-party events, and the fundraising model, though she supported the charity itself. Presented a petition with 42 signatures.
- Deborah Turner (speaking as sister of applicant) supported, praising her brother's character and the need for youth programs.
- Bishop K. Turner supported, emphasizing the importance of violence prevention and citing the applicant's zero-tolerance policy for trouble.
- Edwin Boone (48 Snow Street) read a poem and urged approval, highlighting the opportunity for youth mentorship and entrepreneurship.
- Wendy Rios supported, stressing the venue's value for youth entrepreneurship and keeping young people off the streets.
- Use Permit 21-0138 (Faro's Bar & Hookah): No public speakers signed up.
Discussion Items
- Rezoning 21-00004 (208 Brightwood Ave): Staff presented the application to rezone 0.2 acres from C1 to R4 with seven proffer conditions (single-family home only, garage setback, front door location, pattern book compliance). The applicant Ryan Carbelli spoke briefly. Commissioners discussed the pattern book concept. After public comment, Commissioner Bond questioned the buffer zone claim, noting the lot was sold. Commissioner Kellum pointed out that the owner sold the land, so no buffer right exists. The motion to approve passed unanimously.
- Rezoning 21-00006 (1963 West Pembroke Ave): Staff (Olivia Askew) presented the request to rezone 7.82 acres from C3 to MD3 with 15 conditions for a 150-unit age-restricted senior apartment building (Arbors at Pembroke). Discussion included stormwater management (wetlands, pond), density (19.1 units/acre vs. low-density recommendation of 9 units/acre), and community amenities (grilling area, community garden, dog park). Commissioner Kellum expressed concerns about stormwater in the area; staff noted the developer's experience with complex stormwater projects at The Woodlands. The applicant (Tim Trant, Brian Staub) answered questions about rents ($910-$1,400), controlled access, and no assisted living. Motion to approve passed unanimously.
- Use Permit 21-00007 (1123 West Mercury Blvd): Staff (Mike Hayes) presented the application for a Banfield Pet Hospital in a new multi-tenant building. Conditions included limiting the use to veterinary care (no boarding), allowing expansion into adjacent units, and amended hours. The applicant (Bill Mosley) clarified building plans. The commission initially voted on the original conditions; after clarifying, they reconsidered and approved the amendment with seven conditions including the amended hours.
- Zoning Amendment 21-00001 (Parking on Lawns): Staff (Hannah Sabah, Bonnie Brown) presented the amendment to prohibit parking on unimproved surfaces in street frontage yards, effective January 1, 2022, with exceptions (no street parking, ADA accommodations, special events, street sweeping, flooding, car washing). Discussion focused on cost-effective options (gravel, ribbon driveways), enforcement, and impacts on older neighborhoods with narrow streets and ditches. Commissioner Kellum expressed concerns about devaluation of small homes and increased flooding from paving. Commissioner Bond noted the compromises. The motion passed 6-1 (Chairman Garrison voting nay pending review of street exceptions).
- Zoning Amendment 21-00002 (Phoebus Storage Facilities): Staff (Mike Hayes) proposed allowing storage facilities with a use permit in Phoebus urban core districts PH1, PH2, PH3, to accommodate a trend in integrated storage. Discussion highlighted an unsolicited proposal at 11 Howard Street and opposition from the Partnership for a New Phoebus (letter submitted). Commissioner Harper and Chairman Garrison expressed need for more community input; Commissioner Bond supported the concept of accommodating storage needs. After public testimony, a motion to defer indefinitely passed unanimously.
- Zoning Amendments 21-00010/21-00011 (Temporary Signs and Flags): Staff presented amendments to replace content-based flag exemptions with content-neutral regulations based on parcel use. Residential: up to two flags (24 sq ft) or three flags (2 sq ft) on a flagpole set back equal to height (max 30 ft). Commercial: total flag area equal to monument sign area. Temporary signs: allowed flags for election day (adding flag type) and federal holidays (two sq ft flags up to 7 days before/after). Commissioner Kellum questioned the need for federal holiday allowance; staff explained common practice. Discussion clarified that signs are regulated only by size/location, not message. Approved unanimously.
- Zoning Amendments 21-00012/13/14 (Cemeteries): Staff presented amendments to permit cemeteries with a use permit in additional districts, align definitions with state code, and allow legally non-conforming cemeteries to expand within parcel boundaries. No questions. Approved unanimously.
- Youth Planner Report: Maya presented her last report, highlighting completion of the Youth Master Plan update, distribution of grants ($1,350 to K-pop Club for a cultural fair, $1,200 to Ivy Cast Club for tutoring, $1,560 to Key Club for blessing bags), and recruitment of new commissioners. She announced her departure for Howard University. Commissioners commended her service.
- City Council - Fort Monroe Authority Presentation: Glenn Oder presented a strategic action plan developed with city staff (Jonathan, Daniel, Anna). The plan involved extensive public engagement (500+ survey responses, 54 milestones, 300 action items) focused on organization/stewardship and cultural/visitor experience. He presented a plaque to Terry O'Neill for the staff.
- City Council - Rezoning 21-0176 (E-commerce Center Proffer Amendment): Staff (Donna Whipple) presented the request to amend proffers to allow additional uses (e.g., barber shop, day spa, secondhand store) at 1708 Todd's Lane. The applicant removed liquor store and billiard hall uses after Planning Commission concern. The applicant's attorney (Raymond Suttle) noted the center is 100% leased for storage, 95-98% for office. Approved with two proffer conditions as amended.
- City Council - Use Permit 21-0138 (Faro's Bar & Hookah): Staff (Allison Jacura) presented the application for a restaurant with alcohol sales until 12 a.m. Sunday-Thursday, 2 a.m. Friday-Saturday, at 1405 E. Pembroke Ave. Staff recommended denial due to less than one year of operational history and past violations (live entertainment, noise). The applicant (Azad Haji) described upgrades, noise tests, security measures, and community engagement. He acknowledged past mistakes and pledged compliance. Council members expressed support for the applicant's improvements and security plans. Approved with 17 conditions.
- City Council - Use Permit 21-0175 (Best Kept Secret Stop the Violence): Staff presented the application for a private club/lodge at 20 W. Mercury Blvd for fundraising and youth programs. Amended conditions reduced capacity to 48 due to loss of 25 parking spaces. Hours: 8 a.m. to midnight Sunday-Thursday, 8 a.m. to 2 a.m. Friday-Saturday. The applicant (Terry Riddick) clarified the primary use is charity, with no regular alcohol sales or live music, only occasional ABC permits for events. He described programs (entrepreneurship, domestic violence assistance). After public testimony (both support and opposition), council members encouraged neighbor outreach. Approved with 13 conditions as amended.
Key Outcomes
- Rezoning 21-00004: Approved unanimously with 7 proffered conditions.
- Rezoning 21-00006: Approved unanimously with 15 proffered conditions.
- Use Permit 21-00007: Approved unanimously with 7 conditions as amended (revised vote).
- Zoning Amendment 21-00001: Approved 6-1 (Garrison nay); effective January 1, 2022.
- Zoning Amendment 21-00002: Deferred indefinitely (unanimous).
- Zoning Amendments 21-00010/11: Both approved unanimously.
- Zoning Amendments 21-00012/13/14: All three approved unanimously.
- Rezoning 21-0176: Approved with two proffer conditions as amended (7-0).
- Use Permit 21-0138: Approved with 17 conditions (7-0).
- Use Permit 21-0175: Approved with 13 conditions as amended (7-0).
Meeting Transcript
Miss Brooks. Mr. Harper. Dr. Coleman. Here. Miss Cullum. Here. Mr. Brown. Here. Mr. Bond. Chairman Garrison present. And do we have I assume everyone's read the minutes? Do we have any changes or alterations to the minutes? If not, can I get a motion and a second? Second. We have a motion and a second. Call for the vote, please. Brooks. I. Mr. Brown. Mr. Bond. Chairman Garrison. I would like to take this opportunity to welcome our newest Commissioner, Tracy Bruce. We're very glad to have you with us. To ensure that the affairs of the Commission may be conducted in an orderly manner and to ensure that all persons desiring to address the commission on matters pertinent to it are afforded an opportunity to do so and to permit persons in attendance to observe and hear the proceedings of the commission without distraction and to permit the commission to conduct city business with minimal disruption. The following rules for public hearings and comment are established as follows. Please turn off your cell phone while in the chamber. If you are attending the hearing and desire to speak on an item, please enter your name, address, and item number at the desk in the back of the chambers prior to the call to order of the item. The commission secretary will announce the item number and item title being considered. After the case has been presented, the applicant or the applicant's representative will have up to ten minutes to address the commission and present written and oral comments. The applicant may request up to three additional minutes for rebuttal of any comments from speakers in opposition to the application. Individuals other than the applicant or the applicant's representative who have signed up to comment on the case shall have three minutes to present written andor oral comments. Speakers who have signed up may use their allotted time only for themselves and may not donate time to other speakers. Comments must be confined to matters germane to the business of the commission and shall not be cumulative or repetitive. Speakers shall not campaign for political office, either for themselves or others. The commission allows slide or computer generated projections previously submitted to the community development department no later than five business days prior to the scheduled meeting. Speakers should address the commission with decorum, loud, boisterous, and disruptive behavior, obscenity, and vulgarity should be avoided, as well as other words or acts tending to evoke violence or deemed to be a breach of the peace. Speakers shall not be interrupted by the audience comments, calls, or other disruptions. Commissioners may question each speaker at any time during his or her presentation. After all persons who desire to address the commission have had the opportunity to do so, the chairman may grant rebuttal time to the applicant if previously requested by the applicant, and at his or her discretion may grant additional time to persons other than the applicant who have previously spoken. The chairman may close the public hearing at any time after all persons who desire to address the commission have had one opportunity to do so, other than any rebuttal reserved by the applicant. Any individual who does not abide by the rules for public hearing and comment after a warning may be asked to leave. Please note that the actions taken by the commission today are in the form of a recommendation to Hampton City Council. The final decision to approve or disapprove an application will be made by City Council at a future date. The first public hearing item is rezoning application number 21-00004.
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