Hampton Planning Commission Meeting - July 20, 2023

The Hampton Planning Commission met on July 20, 2023, to consider a rezoning, a use permit for live entertainment, five short-term rental applications, a daycare use permit, and other business. The meeting included public comments, staff presentations, and votes, with several items approved and one deferred due to notification errors.

Consent Calendar

• Minutes Approval: The commission approved minutes from the May 18, 2023, and June 2, 2023, meetings, with a correction noting Commissioner Brooks was present on June 2.

Rezoning 22-6 – Langley Storage Associates (Potter Lane)

• Presentation: Staff (Donald Whipple) presented a request to rezone 15.17 acres at 16, 18, and 20 Potter Lane from R9 and C3 to Langley Flight Approach Mix Use and Manufacturing District (LFA2) for outdoor storage of recreational vehicles. The proposal included seven proffer conditions, landscaping, and preservation of a Chesapeake Bay buffer.
• Public Comments: Robert Moore, a local resident, opposed the rezoning, citing environmental impact, prior issues with raw sewage, and disruption during site cleanup. He expressed concerns about traffic, noise, and the buffer zone.
• Discussion: Commissioners questioned the buffer protection and potential for paving near wetlands. The applicant (Craig Allen) clarified that cleanup of debris had ceased to avoid further disturbance and that stormwater management would be addressed. Commissioner Coleman moved to defer to allow code enforcement investigation of recent activities in the buffer.
• Key Outcome: Motion to defer to the August 17, 2023, meeting carried unanimously (6-0).

Use Permit 22-15 – Faroes Bar & Hookah (1405 East Pembroke Ave.)

• Presentation: Staff (Mike Hayes) presented a request to add indoor live entertainment to the existing restaurant/bar. The current use permit (2021) prohibited live entertainment and outdoor dining and had two unmet conditions: closing an unsafe entrance and upgrading lighting. The applicant proposed 14 new conditions, including increased security and compliance with ABC licensing.
• Public Comments: Laura Coulifer and David Coulifer, neighbors, opposed, citing noise, fights, litter, overflow parking, and three deaths at prior establishments at the site. They argued the owner had not addressed previously required improvements.
• Discussion: Commissioners expressed concern that the owner had not fixed lighting and entrance issues in two years. Corporal Wilson from HPD reported call data: larcenies (May 2023), four disorderly conducts (2021-2023), two fights (2022), and four noise complaints (2021-2022). The applicant stated he would remedy the issues within 30 days.
• Key Outcome: Motion to approve with 14 conditions resulted in a 3-3 tie (Brooks, Coleman, Garrison in favor; Harper, Bond, and possibly others opposed; Chair Callum abstained or not voting? Record shows tie). Per legal counsel, the application will go to City Council without a recommendation.

Short-Term Rental – Use Permit 23-11 (136 South 2nd Street)

• Public Comments: George Sake, representing the Buckrow Bayfront Homeowners Association, opposed due to safety concerns from constant turnover of visitors and property maintenance issues.
• Key Outcome: Approved with 15 conditions (6-0).

Short-Term Rental – Use Permit 23-13 (404 North 2nd Street)

• Staff Presentation: The property has one on-site parking space; a second must be created in the rear. One complaint was received about operation without a permit.
• Public Comments: Kathy Rogers spoke against density of short-term rentals, noting 24 in a four-block radius.
• Discussion: Clarified that conditions require two off-street parking spaces on improved surfaces.
• Key Outcome: Approved with 15 conditions (6-0).

Short-Term Rental – Use Permit 23-29 (406 North 2nd Street)

• Applicant: Owner stated the property is a second home and will be managed locally.
• Key Outcome: Approved with 15 conditions (6-0).

Short-Term Rental – Use Permit 23-27 (526 Settlers Landing Road)

• Staff Presentation: Two open violations (impervious area permit, exterior structure) are being addressed. The applicant is the daughter of the representative.
• Public Comments: Eric Hunley, neighbor, opposed citing an active VRBO listing, surveillance cameras, and parties for up to 20 people. The applicant’s mother noted the property was previously used as an Airbnb by the prior owner.
• Discussion: Commissioner Coleman abstained due to a family relationship with the applicant’s representative. Concerns about surveillance and advertising were addressed; staff noted host compliance software will monitor listings.
• Key Outcome: Approved with 15 conditions (5-0, with Coleman abstaining).

Short-Term Rental – Use Permit 23-2 (28 Castle Haven Road)

• Staff Presentation: Applicant Otis Scott intends to live there part-time and rent when away.
• Public Comments: Seven residents opposed, citing safety, increased traffic, property value concerns, and prior unauthorized party activity. They stated they did not receive required postcard notifications.
• Discussion: Staff acknowledged a mistake—postcards were not sent. Legal counsel advised deferral.
• Key Outcome: Deferred to August 17, 2023, to allow proper notification (6-0).

Youth Planner Report

• Ayana Hollis reported recruitment of 11 new commissioners and upcoming boot camp (July 24-26) and retreat (August 7-9).

Use Permit 23-33 – Empowering Future Leaders Academy (1525 Power Plant Parkway)

• Staff Presentation: A daycare for 30 children ages 30 months to 8 years, operating 7 a.m. to 6 p.m., located in a church building. The site previously housed a school and daycare.
• Key Outcome: Approved with 10 conditions (6-0).

Briefing on Rosillion Hampton Water Plan

• Staff offered a preview, but the commission opted to receive the presentation materials electronically and review before the August meeting.