Hampton Planning Commission Meeting – May 18, 2023

The Hampton Planning Commission held a regular meeting on May 18, 2023, at approximately 1:00 PM (EDT) in the City Council Chambers. The meeting covered a range of items including the appointment of a new secretary, election of a vice chair, several rezoning and use permit applications, and a package of zoning ordinance amendments regulating food trucks. The commission also heard a report from the outgoing senior youth planner.

Consent Calendar

• Unanimously approved the appointment of Bonnie Brown as Secretary of the Planning Commission.
• Recognized new Commissioner Ayers (formerly of the Zoning Board of Appeals) and welcomed him.
• Elected Commissioner Bond as Vice Chair (unanimous) to fill the term expiring in September 2023.
• Approved the minutes of the April 2023 Planning Commission meeting (April 16? – note discrepancy: minutes refer to April 16, but agenda and transcript indicate the meeting was April. Commissioner Harris abstained; all others voted aye).

Public Comments & Testimony

• Rezoning 21-00010 (DeLorean Power battery storage): Three speakers signed up: WP Burton (Langley Research and Development Park) expressed concerns about the system being a “test site,” potential insurance impacts, and battery fire risks. Carol Zeno (Universal Laboratories) asked about environmental permits and ongoing utility markings. A third speaker (Wade) forfeited their time. The applicant (Ricky Elder) responded during rebuttal, clarifying that the Danville project is a commercial facility, not a pilot, and that standard insurance and environmental permits apply.
• Rezoning 23-00001 (HR CAP daycare): No public speakers signed up. The applicant (Shike Franklin) presented two letters of support from Smart Beginnings Virginia Peninsula and the Black Child Development Institute.
• Use permit 23-00001 (Short-term rental, 826 N. First St): Six speakers: Marisa Porto (neighbor) opposed, citing an unpermitted Airbnb next door and noise. Lynn Stivers (Salt Ponds) opposed, describing past problems with unregulated rentals. Dr. Robert Dreelen (neighbor) opposed, arguing the neighborhood would be burdened. Lynn Howard (Buckrow) supported the regulatory framework. Greg Garrett (stakeholder) supported, noting the stakeholder group’s consensus on the 15 conditions. The applicant (Kevin Westby) rebutted, asserting his house rules and management plan.
• Use permit 23-00003 (Short-term rental, 230 N. Fifth St): One speaker: Lynn Seebacher (neighbor) opposed, noting that five of the 11 houses on her block are now owned by out-of-town rental companies.
• Use permit 23-00004 (Short-term rental, 8 Finley St): Two speakers: Leilani Lucero (across the street) supported, saying the applicants are local and responsible. Martha Bernie (neighbor) opposed, citing concerns about traffic and noise.

Discussion Items

• Rezoning 21-00010 (DeLorean Power battery storage): Staff (Donald Whipple) presented the proposal to amend proffer conditions to allow a battery energy storage system (BESS) on a 36-acre site at 3201 Commander Shepherd Boulevard. The project would consist of a 29 MW/116 MWh lithium-ion system with an executed power purchase agreement with Dominion Energy Virginia. Commissioners asked about safety, fire suppression, noise, environmental runoff, and decommissioning. The applicant explained that the system uses lithium iron phosphate chemistry, will comply with NFPA 855, and would be designed with a 100-foot setback from property lines. A fire hydrant may be added. The commission discussed potentially requiring an internal water suppression system but deferred to allow staff to work with the applicant. Ultimately approved with 8 conditions.
• Rezoning 23-00001 (HR CAP daycare): Staff (Davis Pemberton) presented the proposal to amend proffer conditions to allow a daycare (Head Start) at 91 E. Mercury Boulevard. The site would serve up to 40 children, with bus transportation and fencing. The applicant noted a waiting list of 90–95 children at the current Mallory site. Commissioners asked about traffic impact and playground space. Approved with 5 conditions.
• Youth Planner Report: Ciara Reed, Senior Youth Planner, presented her final report. She summarized committee activities (Youth Voice, Grants, Community Participation Committee) and recruitment efforts. The commission thanked her for her service.
• Use permit 23-00001 (Short-term rental, 826 N. First St): Staff (Irvine Patel) presented the first short-term rental use permit under the new ordinance. The property has two dwellings (principal and accessory). Conditions include a responsible local person, 4-bedroom limit, 10-person overnight capacity, 20-person daytime limit, no events, and an inspection. The applicant agreed to additional quiet hours. Commissioner questions focused on the Chesapeake Bay Preservation Overlay (limiting parking improvements) and enforcement of unpermitted rentals. Approved with 15 conditions.
• Use permit 23-00003 (Short-term rental, 230 N. Fifth St): Staff (Davis Pemberton) presented. The property is a 4-bedroom dwelling with 2 on-site parking spaces. Conditions mirror the previous application. The applicant (Melma Williams and Scott Sewell) noted 15 years of rental management experience. Approved with 15 conditions.
• Use permit 23-00004 (Short-term rental, 8 Finley St): Staff (Irvine Patel) presented. The property has 3 bedrooms plus a family room converted to a bedroom (approved by building official). The applicant was not present. Conditions include a 10-person overnight capacity. Approved with 15 conditions.
• Zoning Ordinance Amendments 23-1 through 23-7 (Food trucks): Staff (Alison Jakura) presented a package of amendments to regulate food truck host sites on private property. Key provisions: food trucks cannot park at homes; host sites require a zoning administrative permit; operating hours restricted within 100 feet of residential zoning (7 AM–10 PM); setbacks similar to buildings; no live entertainment. No public speakers. All seven amendments were approved individually and unanimously.

Key Outcomes

• Rezoning 21-00010 (DeLorean Power): Approved unanimously (7 ayes).
• Rezoning 23-00001 (HR CAP daycare): Approved unanimously (7 ayes).
• Rezoning 23-00003 (Buck Road): Deferred to June 22, 2023, special meeting.
• Use permit 23-00001 (826 N. First St): Approved unanimously with 15 conditions.
• Use permit 23-00003 (230 N. Fifth St): Approved unanimously with 15 conditions.
• Use permit 23-00004 (8 Finley St): Approved unanimously with 15 conditions.
• Zoning Ordinance Amendments 23-1 through 23-7: All approved unanimously (7 ayes each).
• Next meeting: The next regular meeting will be June 22, 2023 (special date), with a neighborhood input session on the Buck Road rezoning scheduled for May 30, 2023, at the Fox Hill Neighborhood Center.