Hampton Planning Commission Meeting – October 20, 2022

The Hampton Planning Commission convened on October 20, 2022, at approximately 8:30 p.m. to consider several land use applications. The meeting included adoption of previous minutes, three public hearings, and deliberation on a major rezoning for the former Virginia School for the Deaf, Blind, and Multi-Disabled site. The commission heard extensive public testimony and made recommendations to the City Council.

Consent Calendar

• The minutes from the September 22, 2022, Planning Commission meeting were approved on a roll-call vote. One commissioner abstained due to absence at that meeting; the remaining six voted in favor.

Public Hearing: Use Permit 21-0009 – Storage Facility at 5112 West Mercury Boulevard

• Proposal: MCG Virginia Sears LLC sought a use permit for a 90,000‑sq.ft., two‑story self‑storage facility (Storage Facility Type 2) in the western half of the former Sears building, with 30% of the first floor reserved for active commercial/office uses. The property is zoned C‑2 Limited Commercial.
• Staff Recommendation: Approval with eight conditions.
• Public Comments: No speakers signed up for this item.
• Commission Discussion: Questions focused on signage and permitted uses. The applicant, represented by RJ Nutter, noted that the revised plan resulted from deferrals and collaboration with staff.
• Outcome: The commission voted 7‑0 to recommend approval of the use permit with the eight staff‑recommended conditions.

Public Hearing: Rezoning 22-00005 and Use Permit 22-00016 – Townhomes at 924 Old Big Bethel Road

• Proposal: Romero Properties LLC requested to rezone a 1.3‑acre parcel from RT‑1 (Residential Transition) to MD‑4 (Multifamily Residential) and obtain a use permit to build 16 townhome‑style rental units. The site is an undeveloped triangular lot between Old Big Bethel Road and Big Bethel Road.
• Staff Recommendation: Approval of the rezoning with 15 proffered conditions and the use permit with eight conditions.
• Public Comments: Two residents spoke. David Weinman, a 50‑year resident of 920 Old Big Bethel Road, expressed support for the proposal but requested substantial changes, particularly regarding the setback and sidewalk. Linda Lloyd, a nearby resident, opposed the project citing safety concerns on narrow Old Big Bethel Road, increased traffic, and the impact on neighborhood character.
• Commission Discussion: Commissioners expressed concerns about density (16 units on 1.37 acres), compatibility with the existing single‑family character, and the use of MD‑4 zoning (the highest‑density multifamily district). The applicant argued that the density was consistent with the RT‑1 traffic cap and that the proffers would limit uses. Commissioner Garrison moved to deny the rezoning, stating the density did not match the neighborhood plan.
• Outcome: The motion to deny the rezoning (22-00005) passed 5‑2. As a consequence, the companion use permit (22-00016) was also denied (5‑2), with the chair noting that approval would be inconsistent without the rezoning.

Public Hearing: Rezoning 22-00003 – Former Virginia School for the Deaf, Blind, and Multi‑Disabled (63.43 acres at 700/750 Shell Road)

• Proposal: NP Hampton Commerce Center LLC (North Point Development) sought to rezone the site from R‑13 (holding zone) to M‑2 (Light Manufacturing) to develop two large warehouse/distribution buildings totaling approximately 840,000 sq.ft. The property had a complex history: 20 acres subject to a reverter clause and 40 acres previously purchased by the city from the Commonwealth. The city retained 11 adjoining acres for future community use.
• Staff Recommendation: Approval with 12 proffered conditions, including limitations on uses (excluding heavy industrial, vehicle repair, flammable liquids), a 10‑p.m.‑to‑6‑a.m. truck idling limit, extensive landscaping berms, a 16‑ft‑tall sound wall along Childs Avenue, and preservation of a 5‑acre wooded conservation area.
• Public Comments (34 speakers registered): The hearing drew passionate testimony. Opponents cited environmental justice concerns, noting that the surrounding predominantly African‑American neighborhoods already bear a disproportionate pollution burden (e.g., 15 EPA‑tracked toxic release sites within one mile, elevated asthma rates, and lower life expectancy). Many residents opposed the rezoning, arguing it would bring traffic, noise, and pollution and that the community had not been adequately consulted. Supporters included local pastors, business leaders, and residents who emphasized the need for jobs, workforce training, and economic revitalization. The Port of Virginia representative endorsed the project, citing high demand for industrial space (less than 1% vacancy in the region). The applicant offered a $100,000 contribution toward the 11‑acre memorial park, a free 5,600‑sq.ft. workforce training center, and a two‑week hiring preference for Hampton residents.
• Commission Discussion: Commissioners debated at length. Some expressed skepticism about the promised job quality and the lack of a community benefits agreement. Others noted the site’s strategic location near I‑664 and the port, and the proffered buffers and use restrictions. Commissioner Brown stated he could not find a single resident in the neighborhood who supported the project, and that weighed heavily. Commissioner Bond echoed concerns about transparency and the historical significance of the site. Commissioner Garrison and Chairman Kellum supported approval, citing regional economic benefits. The motion to deny the rezoning was made and seconded.
• Outcome: The motion to deny the rezoning (22-00003) passed on a vote of 4‑3 (Brooks, Harper, Coleman, Brown voting to deny; Garrison, Bond, Kellum voting against denial, i.e., in favor of approval). The recommendation will go to the City Council for final decision.

Key Outcomes

• Approved: Use Permit 21‑0009 (self‑storage facility) – recommended 7‑0.
• Denied: Rezoning 22‑00005 and Use Permit 22‑00016 (townhomes at 924 Old Big Bethel Rd) – recommended denial 5‑2.
• Denied: Rezoning 22‑00003 (Virginia School site) – recommended denial 4‑3.

The meeting adjourned after approximately four hours. Note: The vote tally on the Virginia School rezoning appears to be 4‑3 in favor of the motion to deny; however, the transcript shows three clear “aye” votes and three “no” votes, with one commissioner’s response ambiguous. The chair declared the motion passed. This summary reflects the declared outcome.