Hampton Planning Commission Meeting - June 29, 2023

The Hampton Planning Commission held a regular meeting on June 29, 2023, to consider zoning applications, use permits, and short-term rental requests. The commission approved most items, deferred two, and denied one use permit. Public comments were heard on several items, with concerns about safety, property values, and neighborhood character. All actions are recommendations to the Hampton City Council.

Consent Calendar

• Minutes Approval: The commission unanimously approved the minutes from the March 16, 2023, joint meeting between the Hampton City Council and the Planning Commission.

Deferrals

• Rezoning Application 22-6 (Langley Storage Associates LLC): Deferred to the July regular meeting to allow further conversations with Langley Air Force Base. The application seeks to rezone 15.17 acres at 1618 and 20 Potter Lane from R9 and C3 to LFA-2 with conditions.
• Use Permit Application 22-15 (Azad Haji): Deferred to the July regular meeting to republish postcard notifications with accurate dates. The request is to operate a restaurant with live entertainment at 1405 East Pembroke Avenue.

Rezoning Application 23-3 (City of Hampton – 200 & 372 North First Street)

• Proposal: Rezone two parcels totaling 0.86 acres from RM (Multiple Residential) to P01 (Public Open Space) with proffer conditions. The properties are intended for beach access and park use near Buckroe Beach.
• Staff Presentation: Described eight proffer conditions, including limits on building size, fence height (8 feet), storage area (1,500 square feet), and fuel storage restrictions. Staff recommended approval.
• Public Comments: Nine speakers addressed the commission. Several residents (Elizabeth Crable, Robin Taylor, Bill Merchant, Wayne Swartwood) expressed concerns about fuel storage, potential fire/explosion hazards, storage area aesthetics, and property values. They requested amendments to prohibit fuel storage and require covered storage. Wayne Swartwood, treasurer of Canamar at Morning Dew Condominium Association, stated the board is totally against the rezoning and cited a past fire involving jet skis. Another resident raised legal questions about deed restrictions, which staff and legal counsel addressed, stating no restrictions apply to the subject parcels.
• Commission Discussion: Commissioner Garrison questioned the ambiguity of fuel storage wording; staff clarified that the proffer limits fuel to small containers in a cabinet, and larger fuel storage for water sports vendors would be relocated to other park areas. The motion to approve with conditions passed unanimously.

Use Permit Application 22-24 (Viviana Fulwood – Future Achievers Bilingual Academy)

• Proposal: Allow a private school for infants, toddlers, and preschoolers at 2236 Todd's Lane, Suite A, in the C2 district. The school would have up to 27 students and operate Monday–Saturday, 7 a.m.–8 p.m.
• Staff Recommendation: Approval with 7 conditions, including hours of operation (Monday–Sunday, 6 a.m.–8 p.m.), traffic, and safety requirements.
• Applicant: Viviana Fulwood and Nicole Williams presented the bilingual curriculum, accreditation efforts, and collaboration with public schools. They answered questions about outdoor play space and subsidy program eligibility.
• Decision: Approved unanimously with 7 conditions.

Use Permit Application 23-14 (Paul and Heidi Blaskey – Short-Term Rental at 616 Beach Road)

• Proposal: Permit a short-term rental in an R11 district. The property had a history of illegal operation and a shooting incident in February 2023.
• Staff Report: Documented the property was operating illegally, continued after being told to cease, and received a notice of violation. Staff recommended denial, but if approved, 15 conditions were proposed.
• Applicant: Dr. Heidi Blaskey testified that they believed they were operating legally under accessory use rules, apologized for the incident, and stated they stopped renting after receiving written notice in April. She acknowledged they had been told to stop earlier but continued with pre-booked rentals.
• Public Comment: Neighbor Nathan Gray Beal, who called in the shooting, opposed the rental due to safety concerns for children.
• Commission Discussion: Several commissioners expressed concern about the applicants' continued operation after verbal notice. Commissioner Bond noted the pattern of skirting rules. The motion to deny passed unanimously.

Youth Planner Report

• Ayana Hollis, the incoming senior planner, reported on past events: a joint potluck at Buckroe Beach on June 5 and a senior dinner for Hampton Youth Commission seniors on June 6. Upcoming events include a boot camp (July 24–26) and retreat (August 7–9) at Foxhill Neighborhood Center. She noted 11 new commissioners for the 2023–2024 school year.

Short-Term Rental Use Permit Applications (Multiple)

The commission reviewed a streamlined combined presentation for nine short-term rental applications. All were in R districts and subject to 15 conditions (e.g., occupancy limits, parking, no events, local responsible person). Staff recommended approval for all.

• 23-5 (1672 North Mallory Street): 5 bedrooms, 10-person limit. Approved unanimously.
• 23-15 (703 Grove Street): 3 bedrooms, 4-person limit. Driveway resurfacing required before operation. Approved unanimously.
• 23-19 (15 Connie Street): 3 bedrooms, 8-person limit. Applicant (son of owners) spoke. Approved unanimously.
• 23-25 (125 South Fourth Street): 3 bedrooms, 8-person limit. No applicant present. Approved unanimously.
• 23-17 (3808 Chesapeake Avenue): 5 bedrooms, 10-person limit. Public comments from neighbors (Christine Irving, John Kern, Dan Clark) opposed, citing safety, property values, and prior shooting incidents. Commission discussed enforcement mechanisms and the local responsible person condition. Approved unanimously.
• 23-10 (12 Mill Creek Terrace): 5 bedrooms, 10-person limit. Public comment from Marjorie Gates (family home) opposed. Approved unanimously.
• 23-21 (1529 Peabody Drive): 3 bedrooms, 7-person limit. Applicants (Ibrahim and Momo Hlaing) spoke. Public comments from neighbors (Judy Alman, Doris and Egbert Wilson, etc.) opposed, citing traffic and property values. Commission noted the legal framework and enforcement. Approved unanimously.
• 23-12 (2020 Winfrey Road): 4 bedrooms, 5-person limit. Applicant Kelvin Washington spoke. Approved unanimously.
• 23-16 (1801 Beale Drive): 3 bedrooms, 4-person limit. Approved unanimously.

Key Outcomes

• Deferred: Rezoning 22-6 and Use Permit 22-15 to the July meeting.
• Approved: Rezoning 23-3 (with conditions), Use Permit 22-24 (7 conditions), and all nine short-term rental use permits (23-5, 23-15, 23-19, 23-25, 23-17, 23-10, 23-21, 23-12, 23-16) with 15 conditions each.
• Denied: Use Permit 23-14 (Blaskey short-term rental).
• Unanimous votes: All decisions were unanimous.
• Next Steps: Staff will bring a water plan briefing for Phoebus, Buckroe, and downtown to the July meeting. The city also announced a new food truck website and expansion of zoning districts for food trucks.