The May 21st, 2026 City of Hamptons Planning Commission meeting is now called to order.

Madam Clerk, will you please call the roll?

Commissioner Samuels.

Present.

Commissioner Griffith.

Present.

Commissioner Brooks.

Present.

Commissioner Coleman.

Vice Chair Muggler.

Commissioner DeProfio.

Here.

Chair Rogers.

Present.

Our first order of business is approval of the minutes from the April 16th Planning Commission work session and regular meeting.

Is there a motion?

I so move.

Second.

We have a motion and a second on the floor to approve the minutes from the April 16th, 2026 Planning Commission work session and regular meeting.

Commissioners, are there any questions or discussion?

Being none, Madam Clerk, will you please call the roll?

Commissioner Samuels.

Aye.

Commissioner Griffith.

Aye.

Commissioner Brooks.

Aye.

Commissioner Coleman.

Vice Chair Muggler.

Commissioner DeProfio.

Chair Rogers.

Aye.

And we are ready to move to the community development director's report.

So I'll turn the meeting over to Director Michael.

Thank you.

For that report, we have the May Youth Planner Report, and it will be presented by Henry Godfrey.

So we're going to be doing a little bit of something different today.

I'm going to keep this one brief because I understand there's a lot on the docket for today.

So, with that being said, so May has been a lot of a month that has passed by really fast.

You know, it seemed like just yesterday that it was January, but now it is currently May.

With that being said, let's go into what the HIPAA-U Commission has done for this month.

So one of the first things is Teen Town Hall.

You know, stakeholders served as panelists, you know, panel guests like Chief Wideman, Officer Birdsong, and the entirety of the fire department.

This gave you the opportunity to be able to collaborate with these panelists and be able to make change within their community and school.

And the students were able to feel impacted and heard as well.

Moving on to onboarding and recruiting, this is an opportunity to be able to onboard some new commissioners because some of the seniors will be unfortunately leaving for this year.

It was a great experience overall.

There were some areas that we can grow in, but overall, great experience.

No, we were able to interview some new applicants.

Some people coming on, asking different questions about their interests with the commission, as well as onboarding the new applicants who completed interviews, and that happened May 18th.

Focus groups, this is an opportunity for other youth groups to be able to collaborate with each other, you know, discuss one central issue, create solutions related to the issue as part of the youth master plan research that's one area that we have truly been focused on this year, and it helps to get more data that can eventually help us within the near future.

You know, some upcoming events, you know, our onboarding meeting, as I said before, happened May 18th.

Senior dinner, May 31st, and this is going to be where a lot of the seniors will get to commemorate the efforts that they've done over the course of this year and continuing interviews as well.

I know up in the Florida.

Any questions you may have.

Thank you for your report, Mr.

Godfrey.

Commissioners, do you have any questions or any comments from Sir Gubb?

I do.

Oh, yes, yes, Commissioner Samuel.

Um Mr.

Godfrey, I just want to commend you on uh every month you're coming up here, you're doing these presentations, and I'd also like to commend you.

I'm on faculty at VPCC.

Congratulations on receiving your associate's degree.

Okay, thank you, Mr.

Godfrey.

Thank you.

Next, we'll have the uh, well, that's it for the director's report, and then next on the agenda is the planning commission bylaws, and I will kick it to Corey to talk a little bit about that.

Just to explain where we are procedurally.

Uh the commission cannot amend its bylaws at the same meeting where they are first read, and I they have been circulated to you already.

Um, so today would be the first reading of those bylaws.

Um, I have already received some comments from the chair for corrections, those are written into your draft motions here.

So I would ask you to move to forward this to the for second hearing in June as amended at Commissioner Rogers' request.

And is there a motion on the floor?

Madam Chair, I move that the planning commission forward the draft bylaws presented in the agenda packet for second reading at its June 18, 2026 meeting, except that the gender and all references to the chair be corrected.

Second.

We have a motion and a second on the floor for um approving the um forwarding the draft bylaws to the June 18th 2026 meeting.

Is there any discussion or further questions?

Madam Clerk, please call the roll.

Commissioner Samuels, aye.

Commissioner Griffith, Commissioner Brooks, aye.

Commissioner Coleman, Vice Chair Mugler, Commissioner DeProfio.

Aye.

Chair Rogers.

Aye.

And that motion carries.

We will now move on to our public hearings, and I will turn the meeting back over to Director Michael.

All right, thank you.

I will first read the public hearing protocol.

The planning commission of the city of Hampton takes pride in being fair and courteous to all parties in attendance.

It is important that all involved understand how the commission conducts its hearings and how all persons before the commission should conduct themselves.

Individuals other than the applicant or the representative who have signed up to comment on the case will have three minutes to present their comments.

All comments must be directed to the commission.

No person may address the commission unless he or she is called by the chair.

Speakers must remain at the podium or microphone while addressing the commission.

Speakers who have signed up may not donate their time to other speakers.

And please note that unless otherwise stated, the actions taken by the commission today are in the form of a recommendation to the Hampton City Council.

The final decision to approve or disapprove an application will be made by the city council at a future date.

Um I'm sorry, a rezoning application by North Mallory Quay LLC to rezone approximately 14 acres at 1236 70 11 14 15 18 19 22 23 26 27 30 31 35 39 and 43 Sergeant Street and 1 2 3 5 9 10 14 17 18 21 22 2526 29 30 33 34 37 38 39 41 45 and 49 Lawrence Avenue LRSNs 1 2 0 0 6 0 4 7 1 2 0 0 6 0 8 3 1 2 0 0 6 0 4 8 1 2 0 0 6 0 8 4 1 2 0 0 6 0 4 9 1 2 0 0 6 0 85 1 2 0 0 6 0 5 1 1 2 0 0 6 086 1 2 0 0 6 0 5 2 1 2 0 0 6 0 8 7 1 2 0 0 6 0 5 3 1 2 0 0 6 0 88 1 2 0 0 6 0 5 4 1 2 0 0 6 0 89 1 2 0 0 6 0 5 5 1 2 0 0 609 0 1 2 0 0 6 0 56 1 2 0 0 6 0 5 7 1 2 0 0 6 0 5 8 1 2 0 0 6 0 5 9 1 2 0 0 6 0 6 7 1 2 0 0 6 0 0 6 6 1 2 0 6 0 6 8 Excuse me 1 2 0 0 6 0 6 9 1 2 0 0 6 0 7 09 3 1 2 0 0 6 0 9 1 1 2 0 0 6 0 9 2 1 2 0 0 6 0 7 2 1 2 0 0 6 0 0 9 3 1 2 0 0 6 0 7 4 1 2 0 0 6 0 9 4 1 2 0 0 6 0 7 5 1 2 0 0 6 0 0 9 6 1 2 0 0 6 0 7 6 1 2 0 0 6 0 9 7 1 2 0 0 6 0 7 7 1 2 0 0 6 0 9 8 0 1 2 0 0 6 0 7 8 1 and 1 2 0 0 6 0 8 2 respectively from one family residential R11 district to one family residential R4 and multifamily residential MD4 districts with conditions to redevelop the properties for one family detached dwelling and townhouse units here to present on behalf of staff is Chief Planner Donald Whipple.

Thank you, Madam Chair, members of the Commission.

This is rezoning application number 26-0095 by North Mallory Quay LLC.

As just mentioned, the proposals to rezone about four 14 acres at the uh in the vicinity properties that have just been read into the record located on Sergeant Street and Lawrence Avenue from one family residential R11 district to one family residential R4 and multiple dwelling in the four districts with proper conditions for the purpose of developing new one-family residences and townhouse units.

As indicated by the red star, this property is generally uh is located off of North Mallory Street, between the Phoebus and Buckro beach areas of the city.

More specifically, this is uh all the properties again that were just read into record that are outlined in blue that are subject of this rezoning.

This is uh North Mallory Street here.

This is Lawrence and Sergeant Street, and then it connects over to Old Buckroad on this side.

So more specifics about the proposal.

There would be 40 one family detached homes that would uh all have detached garages, including decorative paved uh sidewalks to the individual homes.

35 townhouse units.

Uh, this would be a mix of two-story with detached garages and three-story units with attached garages.

All of the townhouses would either be uh facing a public uh right-of-way or the lake, and it would have uh all of them would have rear rear access off of private alleys.

And in general, the uh all of the structures, the architectural character uh would be uh in keeping with the design principles as outlined in the Buckrow pattern book and include architectural grade materials.

Other items uh refer to uh landscaping in addition to saving existing trees on the site and adding new street trees.

There would also be enhanced landscaping at the entries at uh along Mallory Street as well as the entrance off of Old Buckrow Road.

There is a community lake that would serve as the stormwater uh management for the site, and there would be a paved pedestrian path around this lake, include amenities such as benches, picnic tables, trash receptacles, and pet wet waste stations.

With respect to resiliency, uh there would be each of the units would have uh energy star HVAC systems and appliances.

Um they would each of the units would be pre-wired for generate emergency generators and level two EV charging stations, building materials would be storm rated and would include gutter systems.

So this is the uh concept plan uh that has been submitted.

So uh dispersed off to Orient You.

This is uh North Mallory Street on the right hand side, left hand side is uh Old Buckrow Road and the existing access points off Old Buck Row uh and uh Lawrence Avenue, and then the existing connection here with Sergeant Street and uh North Mallory Street, and this would be a new location, new access point onto North Mallory Street with Lawrence Street uh going straight through.

All of the parcels that are shown in blue would be the subject of rezoning to R4 for the one family residence uh lots, and then the internal part that's kind of the pinkish color that would be rezoned to MD4, and that includes the area of the townhouse units and the lake amenity, as you can see.

Here is uh colored in blue.

Uh the the green areas are representing uh the enhanced landscaping again at each of the entryways and along North Mallory Street.

And I mentioned the townhouse units would either be street facing, so these lots here would be facing the street.

These lots would be facing the street, and these lots would be facing the lake.

And then all of the access, vehicular access to the units to the lots, would be rearloaded via these a new private street in this private alleyway.

There's building elevations.

Generally, there is four distinct different building elevations, and there's various options of each of the four building elevations.

But I'm just going to show you a snapshot of each of the four main options.

This is options one and two indicated on this slide, and it shows you all four sides of the elevation, and these are representative of option three and option four.

And again, this is the proposed elevations for the one-family residences.

And don't expect you to see to be able to make all of this out, but this is just a sampling of the floor plans for the single family or one family residential units.

These are the proposed townhouse elevations.

On the left hand side, this is reflecting the two-story townhouse elevations, and on the right hand side are the three-story townhouse elevations.

And likewise on the left hand side, this is the floor plan for the two-story townhouses, and then on the right hand side is the floor plan for the three story townhouse units.

So as mentioned, this is the vicinity, the zoning map for the vicinity.

Again, as outlined in blue, this is the area that is in question, and you see all of this in addition to the subject site, all the area generally around it is one family residential R4 district.

And likewise, the future land use map is showing you see predominantly here with the exception of the two churches that are across North Mallory Street being shown as low density residential.

Some public policy from our Hampton Community Plan that speaks to this request, speaks to providing a diverse mix of housing types and values as well as safeguarding the existing residential neighborhoods that are around, promoting high quality design and site planning, treating the residential streets as both public right-of-ways as well as neighborhood amenities.

What that means is providing sidewalks, street trees, and other amenities that favor pedestrians.

Speaking of which, this area is also within the Buckrow Master Plan, and it is a specific initiative area in the master plan.

This is the site that we're looking at that is called out, and it speaks to the Buckrow Master Plan, speaks to again diversifying the housing types and providing high-quality housing.

It also speaks to improving the street infrastructure in this area, developing new housing units, preserve preserving existing mature and healthy trees, and providing a neighborhood park.

The applicant has submitted proper conditions and, in general, they speak to the concept plan that we've gone over.

In addition to the building elevations, there's a design and color palette.

There's uh the building elements again that are keeping in character with the Buckrow uh pattern book, as well as high-quality building materials.

There's the open space amenity in the form of uh the the small lake, which includes a walking trail, site furnishings, and also tree preservation.

And I mentioned uh the landscaping uh throughout uh the site, as well as uh there's existing uh street infrastructure in place, but all of that will be upgraded with new curbs and gutters, the addition of sidewalks, providing new uh underground utilities, and also includes undergrounding the existing electrical utilities that are above ground currently.

There was a community meeting that was held in January of this year.

It was uh pretty well attended, and mostly there were just some questions uh from those in attendance regarding how big uh would the housing units be, what were the price points, uh potential impact on existing housing values in the area, uh, what were the in what was included when we're talking about infrastructure improvements and there were some questions about the homeowners association.

In summary, uh this development uh that's being uh presented to you today, is uh furthering the recommendations of the Hampton Community Plan as well as the Buckrow Master Plan.

This would be a key redevelopment of vacant and underutilized land in the Buckrow area, uh providing a diverse mix of housing types and values with high quality design and site planning and utilizing quality building materials.

And with that, after the applicant is here and has a few remarks to make regarding their proposal and the public hearing is held, staff is recommending approval of rezoning number 26-0095 with the 11 profit conditions.

That concludes my presentation.

Be happy to answer any questions you may have of me at this time.

Thank you, Mr.

Whipple.

Commissioners, do you have any questions?

Yes, Commissioner Griffith.

Thank you, Madam Chair.

Uh Mr.

Whipple, the um the applicant's plan has, I believe, two parking spots per unit.

Is that does that vary per unit or is that a set two?

Uh with an when it comes to one-family residential, it's it's a pretty well any even with the the townhouses with individual lots.

When we're talking about for sale lots, that is the standard for the parking requirement for the from the zoning ordinance.

And are there sufficient excuse me?

Are there sufficient protections against overflow parking because of the the neighboring existing neighborhoods around there?

Yeah, we did make sure that uh with the development of uh the concept plan and the streets that are being proposed out there that they would have ample uh just as most neighborhoods do on-street parking on both sides of the street, so that would take care of any guest parking as well as overflow parking at individual uh lots.

Okay, great.

Um, I have a second unrelated question.

The uh the Buckrow pattern book uh pattern plan.

Uh how old is that?

Is that a 2005 document I saw?

Does it have any amendments?

Yeah, I believe so.

No, it has not had any amendments, but yeah, I'm pretty sure it's in line with uh uh the adoption of the Buckrow Master Plan, which was in 2005 or shortly thereafter.

Understood, thanks.

And since it's a little age, how how is the applicant engaged with the current um Hampton Infill Housing book, the process that's that's ongoing right now, because I know it's not complete, but it's it's well enough along that community engagement has actually been reflected in some of those plans already.

Yeah, I don't think there's much of a uh departure from what we've proposed so far with the in-fill housing um plan.

What we're uh because we've given them that pattern book as well as the overall Hampton pattern book uh to use as guides.

Um, and that applicant actually we work closely with them uh to get to this point uh in developing the the uh elevations that are presented today, they actually took it upon themselves to kind of once we responded back to actually drive around and get a feel for not just the older parts of Buckrow and the character there, but also what's been recently built um using the pattern book and you know, and even not.

And so um I think staff believes that you know what they they've done a good job of in 2025 accommodating both the Buck Road pattern book and you know what's relevant you know today okay great and my last final question uh is about the community engagement that took place and there was a lot of folks there you said it was well attended um concerns were raised uh were there any lingering concerns like it wasn't addressed uh through the the answers to those uh questions they had I don't believe so and in my opinion you know there were just questions uh that you know just and I that were answered at that time and I you know I felt like you know most you know people left satisfied with the answers that they were received I don't know that there was to my knowledge any you know lingering questions or like lingering concerns about potential impacts okay thank you commissioners any other questions um I do have one question and you're right on the um the slide that I I wanted to ask you about the landscaping that's going to be in front of the lake that that borders Mallory Street and I I can't really see what it is that it's saying is going there is that gonna be more or less uh a screen like shrubbery um is it gonna be trees it all of the above so first of all what you don't see what's marked out here it's generally like at its highest point it's identified as being a three foot landscape berm so it will be elevated um and partially uh you know that'll be to help accommodate some of the um the removal of the dirt to create the depression here for the lake you know and being able to utilize that in an effective way on the on the site um and then those sperms will be landscaped with a mixture of trees and shrubs and are there any plans to put um any kind of neighborhood sign along that um border with the sidewalk in Mallory Street uh not to my knowledge um we have not discussed that uh with the applicant um they certainly would you know have that right to do so and you know perhaps when they are up here they may have a better answer than I do about whether they intend to have a neighborhood sign or not.

Okay the the plans around the lake with the the pathway and the amenities um and the lake itself sound lovely and I'm just wondering what um what messaging is there for passers by that this is private property right it's not a public park correct yeah well I mean I it's identified you know for the most part to be you know part of this community uh the sidewalks are being connected out to the street sidewalks of Mallory I mean I don't know that there's again it'll be controlled by the HOA but I don't know that it will necessarily be posted to keep you know other you know general members of the public out of it I mean it'll be obviously generated for the primary use of the new residents but again it'll it'll be well connected to the street sidewalk so I imagine this will function to some extent as a public park.

Okay great thank you very much if you will since the city's not maintaining it okay thank you yeah any other questions for staff.

All right thank you Mr.

Whipple and the applicant is here and has a presentation great thank you.

Are you good with the slide before you want to stop?

I'll leave it on this one okay.

Good afternoon chair members of the planning commission and staff for the record my name is Lisa Murphy I'm here today on behalf of the applicant North Mallory Quay LLC and for the developer team we have Alan Resch, Will King and uh Henry Sells with the Timmins group who are here to also answer additional questions if you have any after I get um done with this presentation I would like to thank Donald Whipple for an extremely thorough presentation, and you've already hit him with most of the questions.

The concept plan, one of the things I wanted to point out is that uh the developer, the applicant in this case, is sort of co-applicant with the uh redevelopment and housing authority, and the uh North Mallory Quay and HRHA have entered into a development agreement.

So HRHA owns 37 of the parcels in what used to be the old college court subdivision that they've entered into an agreement to sell to the developer.

And then the developers acquired five privately owned properties again, also in that college court, old college court subdivision, and then they've got another sixth property under contract with the Wampler family.

So those are the those are the three names on the application Wambler, North Mallory Quay, and HRHA.

As I mentioned, the whole entirety of the project encompasses 14 contiguous acres in the Buckrow area.

And in order to redevelop the property as a multifamily community with, as Mr.

Whipple said, the 40 single family detached homes and 35 town homes for a total unit count of 75 units.

We are making this application again from R 11, which it is now, to the R4 single family detached, which is the blue along the outside, and then the pink in the inside would be the mix of two-story townhomes and three-story townhomes.

The current zoning of the property only allows for the development of single family residences and duplexes and wouldn't allow for this mix to include the townhomes.

The proposed redevelopment project is more consistent with HRHA's policy goals, as Mr.

Whipple indicated, the Buckler Master Plan and the Hampton Community Plan.

The new subdivision, which will be called North Mallory Quay, and in response to your question, yes, they would like to put a sign out front along along the road so folks know that this is a new neighborhood, is located along the eastern boundary line of historic and resurgent Phoebus section of the city.

It's a thoughtfully designed neo-traditional neighborhood that celebrates the architectural and cultural heritage of Phoebus while introducing high-quality new housing and enhanced connectivity designed around, as was indicated, a centralized community lake that also serves as a giant stormwater management facility.

So back when these, when college court subdivision was originally developed, they didn't have the current stormwater regulations and requirements that we have now.

So part of coming in and redeveloping this 14 acres, obviously, they have to bring the stormwater detention and management up to current standards.

And so that's the reason for the community lake, which also is an amenity feature, in addition to being a lake.

The project name North Mallory Quay reflects both its street orientation and its connection to the water, a place where land, community, Hampton's Maritime Heritage and the Chesapeake Bay's legacy intersect.

As was indicated, again, 35 townhomes designed in cohesive rows with two rows facing public streets with private alleys at the rear, and then a row facing the lake, and the ones facing the lake will actually be the three-story townhomes.

Those will have integrated garages.

Again, the two stories will have detached barrages, but there should be more than enough parking based on the single-family homes having garages and driveways, and then the townhomes having garages, and then the parking, and we had to do a little bit of a redesign, but there's street parking on both sides of the street.

So there's there should be ample parking, as Mr.

Whipple indicated.

An integrated network of pedestrian-friendly lanes, green space, and parks wrapped around a community lake will encourage neighborhood interaction and outdoor living.

The edge of the community lake will be designed and planted to appear natural, including use of native vegetation.

There'll be street trees around the lake, which you can't see in this, so that at 20 years of growth, it'll be a nice canopy around the lake.

In addition, one of the, as Mr.

Whipple indicated, one of the goals of the HRHA and the community plan was to preserve as many street trees as possible.

So there are some nice large old trees along the existing roadway, and the plan is to keep as many of those alive and viable as possible.

All of that's to say the a full landscape plan and a full street preservation plan will be part of the developer site development plan.

So that's the next step, so to speak, in the process.

And that is to accommodate those street trees that are already there.

The design inspiration and color palette for North Mallory Quay draws from historic Hampton and coastal Virginia vernaculars, including influences from late Victorian craftsmen and early colonial revival architecture.

And as was mentioned, it follows the Buckrow Beach Pattern Book.

The key design elements and principles include variation in facade rhythm and roof lines to avoid repetition.

So you can't have two of the same style or the same color next to each other, use of authentic materials such as fiber cement siding, architectural grade vinyl that's just under a half inch thick minimum, brick masonry and standing seam metal accent.

There will also be generous porches, columns, and trim details, reinforcing this neighborhood character.

And again, the rear loaded garages where feasible and limited driveway dominance really makes this more pedestrian friendly.

The single family homes again will be two stories, will provide about a minimum of 2,000 square feet of heated living, and those homes will have the attached garages.

The townhomes again, see if I can get to the town homes.

There'll be two-story with the detached garage, three-story with attached, providing a minimum of about 1,800 square feet of heated living area.

Air conditioning, mechanical equipment, any trash enclosures, all of that will be screened from public view with a combination of shrubs, hedges, walls, or fences.

The homes at North Mallory Quay are envisioned to serve young professional families and active adults seeking a walkable character-rich housing along Hampton's coastal corridor.

Town homes are expected to be priced in the mid to upper 300s with single-family homes projected to range from the upper 400s to the low 500s.

Prior to recordation of the subdivision plat, the developer is going to establish a property owner's association or an HOA with a declaration of restrictive covenants, and some of those items you'll see in the proffers, things like a limitation on rentals, the design guidelines, architectural review, all of these design features and high quality amenities that we've described will be taken care of by the HOA and enforced through that declaration.

In addition to installing a new stormwater management feature, the developer will install new sewer and water as was mentioned, curb and gutter and sidewalks within existing platted streets.

The lots at the southeastern terminus of Lawrence Avenue will be replatted to provide for entrances to the project, as Mr.

Whipple mentioned.

There you go, you've got the second entrance on North Mallory, and then there's the plan is for continuous meandering five-foot trail around that stormwater detention feature, the community lake, and it'll have pedestrian amenities such as a dog cleanup station, benches, picnic tables with seating, that type of thing to really engage the community.

As the staff report indicates, because the proposed residential density does not exceed the previous residential density, so previously you had the duplexes for a total of eight uh 80 residential units.

We're proposing 75 residential units.

As a result, a traffic impact analysis wasn't warranted.

We're simply replacing like for like the community lake, the sorry, uh it will serve as a drainage feature, which again, as I mentioned, will enhance flood resiliency in the area.

Increasing the population of Buckrow to support a vibrant commercial base through the addition of high quality for sale single family homes and townhomes will facilitate economic development and enhance quality of life for residents.

In addition to the HRHA property, again, the developer has acquired five other properties and has a sixth under contract.

As a result, they're able to create a larger, more cohesive, impactful neighborhood revitalization project.

I won't go too much over the consistency with the community plan.

As a staff report indicates, the plan calls for somewhere between 3.5 to 9 residential units per acre, in line with the prior duplex uh complex or uh college court neighborhood.

We're about 75 residential units.

So that keeps us right in the middle of that low density designation.

The BuckRo plan calls for multifamily mixed income communities with architectural design based on colonial and Victorian styles that reflect the coastal location of Buckrow.

The master plan encourages design elements such as porches, awnings, and dormers.

Yep.

Oh okay.

Is that what that is?

Mr.

Whipple covered all of it.

I would just say that North Mallory Quay represents a unique opportunity for the city to see its heritage carried forward through a new community that captures the spirit of both Buckrow Beach and Phoebus, its history, architecture, and proximity to the Chesapeake Bay.

It complies with the requirements of your zoning ordinance and with the Hampton Community Plan, and we respectfully request that you recommend approval of application 26-0095 to city council.

I'm happy to answer any questions.

Apologize for going over.

Commissioners, are there questions for the applicant?

Yes, Commissioner Samuel.

Sorry, I'd like to know, and I'm sorry if I missed this.

What other proposed HOA fees?

Um that is to be determined.

Uh there, I don't know if if the developer wants to address that, but there will be fees that would be associated with maintenance of things like the lake and the landscaping and the uh community uh the path around the lake, those types of things.

So it's not going to be on the city to maintain any of the the private amendment amenities, but it it has not been determined yet.

Anything else?

I do appreciate the developer making an effort to maintain some of those mature trees.

We so often see developers come in and just clear cut a huge swath of land and replace old trees with you know saplings, and so I there are some beautiful old trees on that lot, and I'm eager to see which of those are going to be able to be maintained.

I do appreciate that.

Alright, if there are no other questions for the applicant, um, this is a public hearing, so I will open the public hearing.

Is there anyone signed up to speak?

No, there's not.

In that case, I will close the public hearing and call for a motion.

Madam Chair, I move that the Planning Commission recommend approval of rezoning application 26-0095 for single-family detached and town home development subject to 11 proper conditions as presented in the agenda packet.

Second, we have a motion and a second on the floor for approval of rezoning application 26-0095, subject to 11 proper conditions.

Is there any additional discussion?

Being none, madam clerk.

Will you please call for the vote?

Commissioner Samuels, aye.

Commissioner Griffith?

All right, Commissioner Brooks.

Aye.

Commissioner Coleman, Vice Chair Mugler, Commissioner DeProfio.

Aye, Chair Rogers.

Aye.

And that motion carries.

The next public hearing item is use permit application number 26-0154 to allow vehicle repair heavy at 611 Copeland Drive.

LRSN 1000432.

This is presented by senior Planner Jay Randolph.

Good afternoon, Madam Chair, members of the commission.

As indicated, you have used permit number 26 0154 at 611 Copeland Drive.

This is an application to allow for vehicle repair heavy to occur on property that is currently zoned heavy manufacturing, which is the M3 District.

It is to establish a vehicle paint and repair facility in the Copeland Industrial Park.

This is a general location map indicating the property in the southwest portion of the city as shown by the red star.

This is a more specific location map showing the site and property at the intersection of 60th Street and Copeland Drive.

The proposal is to renovate an existing 11,0900 square foot building on.743 acres into a vehicle paint and repair facility.

It would operate as a Mako Auto body franchise.

It is to create 6 to 11 new jobs, provide investments in new equipment, and the installation of new signage on the building.

This is a zoning map showing the purple, which is the M3 Heavy Manufacturing District, and the blue, the M2, which is the light manufacturing district.

The future land use map indicates this entire area for business and industrial uses.

This is a view of the current building from Copeland Drive, and as the Madam Chair had pointed out earlier with the previous application, there is a beautiful mature tree in the front of this property.

This is the proposed signage on the building from Copeland Drive, with some additional proposed signage on the side of the building, which is viewable from 60th Street.

This is a general concept plan showing how the operation would function, where the general parking would be for light deliveries and customers, as well as a fenced parking and service area for overflow for vehicle repair, and it shows the interior layout of the building.

There is a miller detailed floor plan available in your application package.

This is a closer view of the fenced parking and servicing area.

And an additional example of the equipment that is proposed to be used with this facility.

Show that vehicles will be limited to a maximum of 30 days on site.

Vehicle storage is prohibited, and the parking servicing area as shown on the previous slide would be screened from public view.

The applicant would have to obtain their certificate of occupancy, comply with all applicable laws, and contains the nullification and revocation process should they be necessary.

Community meeting was held on May the 2nd.

The applicant and staff were present at the meeting, however, no one from the community attended.

The analysis of the application provides that this application is consistent with the policies of the Hampton Community Plan.

It is consistent with the future land use designation for business and industrial use.

It is located in an established industrial park.

It provides 6 to 11 new jobs as well as investments in equipment.

In conclusion, the applicant who is here this afternoon will have an opportunity to present, followed by a public hearing.

Staff does recommend approval of the use permit application 26-0154 with the seven attached conditions.

And if there are any questions, I'd be pleased to address them.

Thank you, Mr.

Randolph.

Commissioners, do we have any questions?

Yes.

Yes, Commissioner Griffith.

Thank you, Madam Chair.

Uh Mr.

Randolph, uh, how enforceable are the limits on uh a storage scenario that might come up if there's just too many cars and decide to store it outside.

How does that work?

Like, how do we how do we follow up and make sure that everything's lining up right?

Should this application uh be improved by city council with the suggested conditions, those conditions become enforceable as part of the application approval?

If we were to receive complaints or notification that the applicant is not complying with those conditions, it would go into a code enforcement type situation.

And if the applicant did not address that or um resolve coming to compliance with those conditions, ultimately, because this is a use permit, it could move towards a nullification and possibly replication.

Should those uh conditions not be complied with, okay.

Madam Chair.

Uh sorry, I cut across here.

You may address that as well just briefly.

Uh the conditions also require the applicant to maintain a ledger by vehicle ID number, which uh the director has the authority to review at any time on upon reasonable notice.

So excellent.

Thank you.

Commissioner Brooks.

Thank you.

Thank you, madam chair.

Mr.

Randolph, just a quick question.

What was the previous use of the building, please?

The use of this building prior to being acquired by uh Mr.

Cosby, the applicant was ward marine uh boat repair.

Okay, that's great.

Thank you.

All right, thank you, Mr.

Randolph.

And the applicant is here and wishes to speak.

Yes.

All right, thank you, uh Madam Chair and uh members of the commission for considering my application uh for consideration for use permitted uh 611 Copeland Drive.

I'd also like to thank uh Mr.

Randolph for his uh presentation.

Alright, uh I look forward to uh adding uh more jobs to the area with this uh Mako franchise.

Uh the primary purpose of this uh business is the upkeep and uh maintenance of my uh other business.

I'm uh again a Delwyn Cosby uh owner of uh DJC logistics, DJC Collision, uh DJ C homes and uh DJC Land Nation.

So but the primary purpose of this uh uh building is to upkeep my uh fleet of Amazon uh vehicles.

I'm Amazon uh delivery partner, so I have uh anywhere between uh 40 to 80 vans on the road at any given time.

So uh this will be a good place for me to uh you know freshen up my vehicles and make sure they're on the road and they're looking presentable uh to the community at all times.

So that's uh primary uh purpose of but uh it also offers me a little bit more control to uh bring my vehicles in and get them turned around at a faster pace so I can get them back on the road instead of uh waiting on another company to uh do it for me.

Um I also um want everybody to understand that uh this is uh we're not in uh uh competition with uh the collision shops because I'm main mainly a retail painter.

So uh most of my business is uh small light uh sand and uh dent uh removal and paint.

Uh that's what uh we do as uh make o' majority of uh the customers are people that uh buy uh vehicles at uh an auction or someone who decides to purchase a car for their uh their child and they just want to freshen it up to get it uh repainted.

So a lot of the vehicles that I uh that will come to my facility will be in and out for the most part.

Uh you see the new uh the uh on the presentation you saw the my uh shake and bake uh paint booth.

Uh that uh it gives me the opportunity to spray it.

You know, after all the prep is done, it gives in there is spray it, and then it will dry it within hours, and then it's ready to go out and be detailed and handed back over to the customer.

So I see uh no reason for me to have any vehicles on there for actually more than a week.

Uh if uh everything goes right.

Only thing that I believe would hamper that is if the customer you know didn't come and pick up the vehicle while it's uh ready to go.

But uh we don't just uh paint vehicles.

I mean, we can uh offer service to the community, you know, like you know, sometimes schools may have a lot of chairs that they need somebody to paint.

I as long as I can get it into the paint booth, I can paint to get it back to handrails, helmets, uh, signs, anything that uh that uh the city uh needs uh uh support for uh we could do it at that uh facility, and I will be happy to answer any questions that uh anyone would have.

Thank you, sir.

Any questions for the applicant?

Okay, thank you very much.

All right, thank you.

This is a public hearing, so I will open the hearing.

Is there anyone signed up to speak?

No, madam chair, then I will close the public hearing and um call for a motion, Madam Chair.

I move the planning commission recommend approval of use permit application two six-015 four for heavy vehicle repair at 611 Copeland Drive, subject to seven conditions as contained in the agenda packet.

I second we have a motion and a second on the floor for approval of use permit application 26-0154, subject to seven conditions.

Is there any additional discussion or questions?

Hearing none, madam clerk.

Will you please call for the vote?

Commissioner Samuels?

Aye.

Commissioner Griffith?

Aye, Commissioner Brooks, aye.

Commissioner Coleman, Vice Chair Muggler, Commissioner DeProfio.

Aye, Chair Rogers, aye.

And that motion passes.

Next, we have a proposal by the city of Hampton to amend and reenact the zoning ordinance of the city of Hampton, Virginia, by amending chapter two, section two-two entitled Definitions to amend the definition for amusement centers, amusement or skill-based devices, accessory off-track horse race bedding facility, and physical recreation facility.

Chapter 3, Section 23-2 entitled Table of Use is permitted, to add amusement or skill-based device accessory and off-track horse race bedding facility to the use table.

And chapter three, section three-three, entitled Additional Standards on Uses to add additional standards for amusement or skill-based device accessory and amusement centers.

Here to present on behalf of staff again is Chief Planner Donald Lipple.

Thank you.

Madam Chair members, commission has just read this proposed zoning ordinance uh to amend uh chapters two and three of the zoning ordinance related to amusement centers, gaming devices, and physical recreation facilities.

The purpose of these amendments being brought uh for today are to help us modernize the uh zoning ordinance by uh bringing up to date antiquated definitions and standards, which would help us um to relate better relate what it's meant by amusements and arcade activities uh throughout the city, as well as establish clear regular regulatory thresholds uh to help us distinguish between accessory and primary uses with respect to amusements and to improve enforcibility uh through uh better measurable standards and through better objectives, and to provide a flexible uh framework that helps us uh distinguishing again between lower intensity uses that would be typically allowed by right, and additional review, greater review for those higher intensity operations.

So some of the solutions to uh those goals that I just went over is to replace the antiquated uh coin operated amusement definition with a new definition that uh we're labeling uh amusement devices as well as amending the floor area or implementing a floor area percentage, which would help us better define accessory uses when it comes to amusement devices and amend our amusement center definition to provide a better definition and again better distinction between devices and centers.

Add a new definition with respect to off-track horse race bedding facility and amend our physical recreation facility definition.

And I'm going to go through these individually.

I'm not going to read through all of these slides, but just to point out our coin-operated amusement machines, again, using the words machines and talking about insertions of coins.

We all know that that is antiquated by today's standards, where most money is transacted through some type of card or other payment to get you maybe a token or an actual card that you then you know allows you to play these machines or just as we're like even vending machines now to get food and drinks, you know, using coins and bills are going by the wayside in most instances.

And so again, what's the issue with this current definition?

It's vague coin operation, that term has become outdated.

It does not distinguish between skill-based games and arcade games, and so and then we also have this current regulation where you know businesses as an accessory can have no more than six arcade-style games.

And so, but that isn't necessarily fair when you're talking about a larger restaurant establishment that may have these as an accessory.

Six may be you know too few, but it's certainly fine for like a convenience store or something like that.

So, what do we have with respect to uh our solutions?

Here's our new definition again.

I'm not gonna read all of this, uh, but amusement devices uh would be defined as any type of electronic device.

Again, we're talking about activated by the insertion of any type of currency or any form of pavement.

So that kind of brings us hopefully into the 21st century.

Um then it also just does not it's important.

The last sentence there that is highlighted does not include any games that are restricted based on age.

Uh so then uh how do we handle this with respect to different sizes of uses instead of just focusing on the number of machines or devices?

Our proposal is 20% of the floor area max.

And again, just as we do with other uses, this is 20% of the not the gross floor area, but the area that is open to the public.

So that would be uh none of the it would not include any of the back of house.

So it would be public restrooms, the actual area that is open to the public is what we're talking about when we're talking about percentages.

And then the location you see highlighted, this is um no change here, but just to let you know C1, C2, C3, the PH districts, and our downtown districts, as well as the residential uh transition district there.

So moving on to amusement centers, the current definition, again, a little bit antiquated.

It's we're defining an establishment which refers to principal source of income as derived by coin operated machines.

So again, this definition is a little antiquated.

Uh, we think there's a solution that provides greater clarity again when we're talking about how this exchange of money happens, and also opening it up so that we are more inclusive of family type amusement centers, which are also known as barcades, and what we mean by that would be like Chuck E.

Cheese, Dave and Busters, those types of facilities.

And we are recommending adding uh the additional zoning districts of DT1 and DT2 as well as BB3 and BB4.

So it's our downtown, two of our downtown and two of our Buckrow Bayfront districts.

So here's the proposed definition for amusement centers.

Again, we're making a distinction here.

Any establishment whose principal use is the operation of amusement devices, and again, where they would be permitted, you see the full list there and the four districts highlighted in red that we would be adding.

And some of these districts do require greater regulation, and those would be through the use permit process in some of these districts.

Also mentioned through revising the amusement center definition.

So we want it to further clarify because that is not considered a family type amusement center or entertainment because it does bring with that that age restriction of getting in there.

And so we wanted to again set it apart so that because if we didn't, it would become it would still be allowed to become a legal nonconforming use.

And so we uh felt better about creating this due definition that would allow it to remain legal and conforming.

So here's our new a lot of this is based off of the state code, which established uh off track horse race betting facility, and so our definition pretty much comes from that where it's talking about a facility where it's focusing on historical horse racing, okay, simulcasting of horse racing, uh, and again, as those things are determined by the code, it does not permit casino gambling, sports betting, those types of things.

As far as casinos, that's a whole different state code that addresses those facilities, uh, and where this would be permitted right now.

We're proposing uh, you know, where it currently is permitted, which would be C2 in the OCC overlay district, and we would continue to require use permit.

Turning the page to physical recreation facilities, the current uh definition you see here, the issues with that it does uh not intentionally, but it does exclude some outdoor-based recreational uh facilities that the city may want to add to things like mentor golf, pickleball, basketball courts, and so there's this need to refine the definition so it could be more inclusive.

And so you see that here with the uh again, it's a facility or space for the conducting sports uh recreation athletic activities, but not limited to uh including but not limited to where we see they're adding uh fitness centers, facility or gymnastic facilities, dancing studios, martial arts, indoor and outdoor courts or fields, climbing facilities or mentor golf facilities.

So those are the additions that bring we feel this definition again to be more relevant and inclusive.

We're also recommending to add P01, which is our public open space uh district to the list of permitted uses of where these physical recreation facilities would be permitted.

As we do with all of our zoning ordinance amendments, we did look to see what our neighbors and some of other localities a little bit further out.

You see Richmond, Charlottesville, and Blacksburg on the list there.

What we found out there is no common denominator, there is no consistency across all these uh localities when it comes to amusement arcades and amusement devices, amusement centers.

Uh, what we did is really take the best of all that we saw within these localities and put that together to what we think best fits the city of Hampton.

So our analysis, again, just to recap, uh we believe that these proposed amendments would eliminate some outdated terminology and replace it with new and amended definitions.

Again, that brings us into the 21st century, and that would be more inclusive.

It would better help us distinguish between what's accessory and what is primary use when it comes to amusement devices, as also help us uh establish the inclusion again of these family type entertainment centers or amusement centers.

Again, the word out there is barcade.

And then all of this would reduce the ambiguity by reducing this ambiguity, excuse me, helps us with our zoning interpretations and helps us with our enforcement.

And also helps us provide greater flexibility within Hampton special districts when it comes to permission or permitting physical recreation facilities.

And with that, this is a public hearing item.

So after the public has an opportunity to weigh in, staff is recommending approval of zoning ordinance amendment 26-0146.

I'd be happy to answer any questions you have at me at this time.

Thank you, Mr.

Whipple.

Do we have any questions for staff?

All right, thank you very much.

No, there are not.

So we'll close the public hearing and I'll call for a motion.

Madam Chair.

I move that planning commission recommend approval of zoning ordinance amendment 26-0146 regulating amusement devices and centers, physical recreation facilities, and off-track horse race bedding facilities.

Second.

We have a motion and a second on the floor for approval of zoning ordinance amendment 26-0146.

Is there any additional discussion or questions?

Being none, Madam Clerk, please call for the vote.

Commissioner Samuels?

Aye.

Commissioner Griffith?

Aye.

Commissioner Brooks.

Aye.

Commissioner Coleman.

Vice Chair Mugler.

Commissioner DeProfio.

Aye.

Chair Rogers.

Aye.

And that motion carries.

The last public hearing item is to consider revocation of the use permit issued to Southern Comfort Restaurant and Lounge for Restaurant 3 and Limited Commercial C2 Coliseum Central Overlay OCC districts located at 2163 and 2165 Cunningham Drive.

Portion of LRSN 7001532 due to violations of conditions contained in the use permit.

Here to present on behalf of staff is Deputy Director Stephen Lynch.

Madam Chair, members of the Commission, good afternoon.

During this presentation, I will yield the podium in part to Officer Rouse as he will take you through part of this presentation as well.

Again, as has been read, the proposed revocation of use permit number 260039, Sovereign Comfort and Lounge LLC located at 2163 2165 Cunningham Drive.

A use permit may be revoked for any violations of the terms and conditions that were allowed for at its approval.

The location of the business is in our Coliseum Business District.

More specifically, it is located in a shopping center on Cunningham Drive, which is directly off of Coliseum Drive.

Just a little background and information of how the business came to be September 9, 2020, Southern Comfort obtained ownership of the restaurant.

They received a ZEP with a retail alcohol beverage license to operate.

What you see are the conditions that were outlined in that ZEP, the operating hours and the other respective conditions.

Should be noted that the ZEP pre this app predates our restaurant one, two, and three ordinance, which are you all aware has been updated since that time.

September 29, 2025, they received a zap to, excuse me, a zap for a restaurant to the operating hours as you see are exhibited, and the other recommendations that you see listed are exhibited as well.

Southern Comfort sought the ZEP to extend the hours of operations to 12 p.m.

The Restaurant 3 use permit condition.

December 10, 2025, Southern Comfort received use permit 25-0285 to operate use permit 3 with hours extending until 2 a.m.

on a limited schedule and allowing for a lot live entertainment.

Again, the conditions that you see listed were the approval conditions or approved conditions of that restaurant three use permit that was issued.

Key noting here, security personnel was included and calculated based upon the total approved occupancy load of the entire establishment as a condition of the use permit.

March 11, 2026, they sought amendment to use permit 25-0825 to modify their security requirements and extend operating hours.

However, for the security requirements, the event space that was included in this facility was dealt with separately, and they were allowed to operate that space as needed.

If it was not in operation, access to the space was to be restricted, and it would be required for them to notify HPD any time that space was to be activated or used.

And that was based solely on the reduced occupancy load for the lounge and the restaurant areas.

Excuse me, all security requirements remained the same for the use permit 25-0285.

The conditions that they were abide by, we will deal with certain specific ones.

Number eight being the security.

The presence of any patrons in the event area without such advanced notification would constitute a violation of the use permit.

Some occurrences of non-compliance that occurred.

Excuse me.

On April 5th, a shooting occurred at Southern Comfort.

Security was not patrolling the parking lot at the time of the shooting.

The security staff were not monitoring patron behavior as this incident occurred, and no security staff reported the shooting to HPD.

On the night of April 4th into April 5, 2026, which was noted above, there was a DJ performing in the event area.

The permit holder had not and did not communicate this event in advance to the chief of police or his designee.

On April 11, 2026, this event was also held in the event space, and the permit holder again did not notify the chief of police in writing in advance of that event.

Use permit number 11 deals with criminal investigation.

Any criminal activity observed by the restaurant staff or security personnel shall be reported to HPD.

The restaurant staff and security personnel shall always and continuously cooperate with HBD in their investigation into any criminal activity.

The noncompliance that occurred regarding these two conditions on April 5th, 2026.

It came to HPD's knowledge by a report from Centera Careplex.

And during the investigation, an employee admitted to hearing gunshots.

Part of HPD's investigation, HPD requested video surveillance of the footage from the permit holder.

It was explained by the permit holder that the outside cameras were not functioning properly at that time.

And HPD later learned that the cameras had never been connected to their real-time information center system.

Dealt with the exterior and interior window treatment.

No treatment shall be installed that would impede visibility into the restaurant from the outside rather restaurant is in operations.

The non-compliance is that the current window treatment impedes visibility into the restaurant from the outside.

I will now yield the podium to Officer Roush.

Good afternoon, Madam Chair.

Commissioners.

This is just for a little further information into the incidents that occurred recently at the establishment.

On April 5th, there was a shooting.

Dispatch received a call from some terror careplex in reference to a walk-in gunshot victim.

Dispatch was advised the incident occurred at SOCO.

Units arrived on scene checking for a crime scene.

Multiple security guards were in the parking lot at the time.

The guards communicated they did not hear any shots or see anything.

A short time later, one security guard spoke with a sergeant who was on scene and stated he was inside, heard a pop he thought was a gunshot, came outside and saw multiple people fleeing.

He communicated to that same sergeant that the owner wasn't on scene that night because it wasn't his night, and that our promoter was running the event that evening.

The following, there were some fights at um Southern Comfort that evening.

The following uh video exhibits two fights that occurred in SOCA that evening, one earlier in the night between two females, and the second is a much larger fight involving multiple people.

During the second altercation, Pepper Spray was deployed by security.

He can be seen trying to separate the parties involved.

One subject was choked unconscious while being punched in the face multiple times by a second subject.

Mr.

Gomez confirmed that the ins incidents did occur.

The incident began with arguing between subject and a security guard who was standing nearby, failed to act or intervened in any way.

Mr.

Gomez did advise that the guard had been barred from working any further at SOCO for failing to act.

The business was open past midnight, but Cinco de Mayo is listed as one of the holidays, they're allowed to operate past midnight.

I do have to advise you guys one of these videos has been slightly edited to blur sections of the video just to make it more presentable for public.

This is the fight from earlier in the evening.

Which security did step in and separate these individuals and they were removed from the property.

And security is trying to disperse the crowd, deploying pepper spray, and the young man on the ground there is being choked out while being punched in the face by the individual in the purple.

See that young man there in the black t-shirt on the floor is completely unconscious.

No report was made to HP by any of the parties involved.

They were all escorted out of business.

Police were on scene in the parking lot.

They tried to get information from the parties involved, but everyone left.

In case this individual showed up later, with some significant injuries.

Yes, sir.

Um was Mr.

Gomez on site during this incident.

For the night of Cinco de Mayo, yes, he was on site in the restaurant.

Yeah, but I saw somebody that looked like Mr.

Gomez, and I think the first video you showed was that was that Mr.

Gomez.

Yes.

Do you know what his actions were other than what we saw in the video, whereas you just walked by the camera?

Well, I went out and spoke to him after the event to follow up on this.

Um, and he told me he had directed security to you know get the people out of the out of the business.

And he's the one that actually pointed out to me from his business's camera view.

You can see the one security guard.

When the individuals start arguing, he's just standing there.

Um, and so he was let go from that position because he failed to act in any way, shape, or form.

Okay.

Thank you.

Yes, sir.

Any other questions for staff or HPD?

Um, Officer Ross, I do have one question.

Yes, ma'am.

In addition to um what you presented today.

Can you speak at all to whether there has been an increase in calls for service, other calls for service at Southern Comfort since they began operating at or after midnight, until or after midnight from December or from the entire space?

Um well, let's let's say from the fall when they were operating until midnight, including, you know, presently where they're open until 2 a.m.

Um I don't have all of that data in front of me, but what I can say is last two incidents occurred later in the evening hours.

Um, the the shooting occurred late at night, and then this fight occurred later in the evening as well.

Thank you.

If there are no other questions, thank you to Staff and HPD, and um is the um, Matter Chair.

Before you move on.

Oh, I'm sorry.

Okay, I'll just continue with the presentation.

Uh, the grounds for revocation are as noted, uh, specifically to condition number eight security, uh, failure to notify the police chief in writing prior to events.

Uh, they failed to monify monitor and control their patrons' behavior, failed to take reasonable measures to prevent an act or acts of violence.

Uh they failed to monitor the parking lot until 30 minutes after closing.

I spoke to the window treatment that impairs visibility inside the restaurant.

Uh, dealing with uh use permit condition number eleven, criminal investigations.

Uh they failed to maintain the proper surveillance equipment.

Uh they did not connect their cameras to the real-time information center.

Uh they failed to report activity to HPD, and they failed also to cooperate during a HPD criminal investigation.

In conclusion, the permit holder is here and would probably like an opportunity to present.

This is a public hearing.

After the public hearing, staff recommends revocation of use permit number 26-0039.

Thank you.

Thank you, Mr.

Lynch.

Commissioners, any questions?

Okay, thank you.

And would the permit holder like to approach and speak?

Good evening, members.

This planning commission's afternoon.

I would like to take this opportunity to prepare a pair before the Hampton Planning Commission today.

My name is, of course, Eddie Gomez, and I am the owner of Southern Comfort Restaurant and regarding the proposed use permit revocation.

First of all, tonight I want to take full accountability for the operational failures that led to this proceeding, explaining the corrective action, the corrective actions that have already been implemented and respectfully request the opportunity to continue operating under enhanced oversight rather than revocation.

And so respectfully request the opportunity to communicate to continue serving the community under enhanced oversight rather than permit revocation.

Ownership does not appear here to minimize the city's concerns or dispute the seriousness of what occurred.

The incidents described in the notice of revocation are very unacceptable.

We were we reflect failures in the execution in a way in his own entirety, and that we have moved decisively to correct.

Southern Comfort has operated in Hampton for five years now, serving thousands of patrons and contributing to the community we call home.

We believe these corrective measures already implement or implemented demonstrates our commitment to operating this business in the right way and our sincerity in ensuring these failures are not repeated.

Before addressing each condition individually, I would like the commission to see a clear picture of what have already been done, not promised, but completed.

The security personnel who abandoned exterior posts on April 4th have been terminated.

Additional licensed security staff has been retained for all weekend operations.

Mandatory exterior control rotations have been implemented during all operations and closing hours.

New incident escalation procedures now require immediate notification to Hampton Police Division for any criminal, violent or suspicious activity.

Weekly mandatory security meetings are now held every Monday to review permit requirements, incident response protocols, and reporting obligations.

Um the lieutenant and the corporal of the police department.

We are now CC'd under one email, under one chain as a primary point of contact for all extra duty offers officer coordinations and all scheduling is now confirmed in email.

The exterior camera technical issues have been fully resolved.

The RIT integration, of course, I know the city the council doesn't probably accept this, but I do have.

After reviewing the footage with uh detectives that came the next day, we seen them come inside and they're actively just sitting at the door where the patrons exit, where they were not supposed to be.

There was supposed to be room in the parking lot.

Um, as you can see, the time was 208.

About 80% of the crowd was already gone from the um from the restaurant.

So I'm guessing, I can't speak for them that they thought there was no threat within the night because about 80% of people was gone, which seemed to be untrue, and they basically dropped the ball on not doing what they were supposed to do, and I take full responsibility of that.

If we made steps to make sure that that doesn't happen again for sure.

Um at the time of the at the time of incident, the staff heard what happened to be a single gunshot, but were unaware that an individual had been injured, as the portion involved had already left the area.

So this person it was a very isolated incident.

These two people individuals come to find out to investors they knew each other.

Um the one individual that was struck by gunfire, he immediately got in his car and left the premises and drove himself to Centera.

So we didn't know that an individual was actually struck.

But when they got out there, they didn't see anybody, they didn't nobody was there was no like a fight or you know, nothing going on because once again the individual just got in his car and drove itself to the hospital.

So we weren't aware that someone was shot, so we didn't know.

Um, after further investigation and clarification, even though no one was we didn't, we wasn't aware that anyone was harmed.

We were still supposed to call HPD to let them know that you know a shot was fired.

Um, again, we failed to do that, but under clarification, I found out that that's not the case.

Again, any type of um anything close to violence, any type of hearing of violence, anything should be documented and moving forward, we implemented that in our protocol.

Um, I do not offer this as an excuse.

The exterior posts existed precisely to prevent this kind of information gap, and those officers failed to fulfill that responsibility.

In response to these failures, I conducted a full review of all use permit requirements with security leadership.

Additional license security panel have been retained for weekend operations.

New incident escalation procedures now require immediate notification to the Hampton Police Department for any criminal, violent or suspicious activity, and security expectations and accountability measures have been reinforced with all staff and contractors.

So I like to move to AD with extra extra duty officers at the time of the incident.

At the time of the incident, I believe that required extra duty officers have been contracted and scheduled for that evening.

That belief was incorrect, and I accept full responsibility for this compliance failure.

Believing the obligation has been met, it's not the same as verifying it, and that distinctively cost us.

So there is times, and again, this is not an excuse to the commission, but there are times where we put in four off-duty officers, but no one's been assigned to it, no officers picks it up from my understanding.

So we can't um I don't know how that works, but it's times where we have put in four off-duty officers and we have had no one showed up.

So it was kind of a like a miscommunication type of thing that we did.

But when I found out that it wasn't that specific night wasn't done, I took full responsibility of it, and we just made sure that within that would never happen again with the community with the email chain that we formed with the lieutenant and the corporal.

Within the infotainment and hospitality industry, performer appearances and special event performers are not always finalized within the time frame.

I'm sorry.

Southern Comfort Restaurant recognizes the significance of adhering to the notification provisions outlined within the use permit and appreciate the city's interest in maintaining appropriate oversight of events hosted within the event area.

In response, we have strengthened internal coordination and administrative procedures to promote more timely and consistent event reporting moving forward.

We will also like to ensure the record is accurate for purposes of proceeding and respectfully seek clarification regarding practical interpretation of the seven-day advance requirement.

As I'm gonna interrupt you for just one moment, your time is up.

But commissioners, I would like to hear the rest of Mr.

Gomez's presentation.

Are we in agreement for him to continue?

Okay, yes, Mr.

Gomez.

Please continue.

Sorry, thank you.

Likewise, our venue periodically accommodates community centered functions and private gatherings that arise on short notice due to unforeseen circumstances.

So basically, we have we pick up a lot of things that other establishments drop the ball off.

For instance, if if one of the councilmen had a reservation somewhere, and the other establishment dropped the ball, they will call us for that, as far as like a bridal shower or a repass or something like that.

In that event, we don't really have seven days to notify the chief of police or the police department, which I was again, and it's I take full responsibility for this, but I was under the understanding that we only had to notify them during an event, which will be host you know, artists and entertainers.

I didn't know we had to notify them of a regular business standard, such as uh a bridal shower or repass.

But now that I'm getting deeper into it, and when these things happen, I fully understand it now, and I do take responsibility for not understanding that, and moving forward every time that we decide to even try to use the event space, we will communicate that with the um HPD.

Um, no, we didn't notify the police department within the seven days of having that event in the event space, but they were notified.

It just wasn't seven days.

We notified them, and they definitely um was able to schedule us off duty police officers for that night.

So the city was aware of us having an event, but no, it didn't fail to meet the seven-day requirement.

Um again, we occasionally receive requests from families seeking arrangements for memorial receptions, following the unexpected loss, these occasions are awfully organized within only a matter of days.

In those situations, again, we would appreciate guidance from the city regarding whether these types of time-sensitive community or priority vents will remain subject to the same advanced notification standard or whether alternative procedures reasonable accommodations may be available under such circumstances.

We would also appreciate guidance regarding situations where the event area is utilized solely to accommodate overflow occupancy during high value evenings while maintaining staffing levels at a security oversight.

So with that saying when we had an overflow one night of patrons that we didn't think that we were gonna have, so we turned off to have a good night.

So versus having a bunch of people in the parking lot just, you know, upset or uncontrollable.

We decided to open the other side of the establishment.

Um we did have adequate my decision was saying yes to do it was we did have adequate security, which is mandated in our use permit, and we did have the mandated officers that we needed in the that's mandated in our use permit to use the event space.

So I didn't see anything wrong with that because it was it wasn't a planned event, it was an overflow event where patrons, you know, they got more patrons than they expected.

So I at that point of time I just made a judgment call.

It was a college party.

Um we just had the fraternity guys, the line guys, we had them come over, clear the space out in a matter of 20 minutes, move furniture over, you know, and I just made the split decision to okay.

Let's do it.

If we got enough um security guards, we had more than enough, actually, because I overscheduled for college parties, and we had an adequate police officers outside.

I didn't think that would be a problem again.

But digging into this use permit, I see that that was unacceptable, and that on that particular night we didn't have any any instances, nothing happened.

It was just me not understanding that I couldn't do that, even though I thought I had the right pieces in place that was establishing my use permit.

Um directive is to ensure continued alignment with the city's operational expectations while also allowing the business to function effectively and responsibly serve the surrounding community.

I got about one minute left.

Sorry.

Condition 8F, which I just addressed.

This notice states that a DJ was performing an event area the night of the incident.

I just want to be clear, we did not use the event area the night that the incident that somebody was um that somebody was shot.

Again, we did use it previously, which was I was explaining, but that just wasn't the night.

I just wanted to clear that up because we didn't that didn't have anything to do with that situation.

We as a business would simply like to ensure the record is accurate to propose the proceedings regarding this particular issue.

Our review of surveillance footage reflects that the as I addressed, you know, we didn't use the place.

I you know I have um footage to that can prove that, but that I'm not we're not I'm not here for that right now.

I'm just trying to get a basic understanding and let the city know that we're not blatantly um going against the rules set in our use permit.

I will provide this information so we to ensure that the factual record is accurate in the commission's consideration, not to challenge the city's authority or diminish any aspect of accountability we have accepted throughout this presentation.

Condition 11A, criminal investigations.

On the evening of April 4th, staff heard what appeared to be a gunshot.

At that moment, neither management nor security were aware that anyone had been injured because the individual involved had left the premises.

I had learned the following day that the injury had been reported occurred.

However, I acknowledge directly to a potential gunshot have been reported to Hampton police immediately, regardless of whether staff or anyone have been hurt.

It is my obligation to report anything within the lines of being suspicious of anything unnormal.

Public safety reporting is not conditional upon certainty about outcomes.

That standard was not met that night, and I accept full responsibility for that failure without qualification.

We also recognize that if exterior security personnel had remained at their assigned posts as required, situational awareness would have been significantly greater, and the likelihood of a timely and accurate report to HPD would have been substantially higher.

The security failure and a reporting failure are definitely connected, but again, I take full responsibility of that.

Those officers have been terminated.

We do we did have another hiring, and we also sent them the extra security training just for that whole night being a total failure.

In response to security personnel, like I explained, failed to maintain exterior personal terminated.

Management met promptly with security, the leadership review of the incident and establish enhanced accountability measures.

New incident escalation procedures are now required immediately.

Notification of HPD for any gunshot, violent incident or suspicious activity, regardless of staff's initial understanding of the situation.

Weekly mandatory security meetings are now held every Monday, covering use permit requirements, incident response procedures, reporting obligations, and communication standards.

These meetings are documented to create an accountability record and reinforce the seriousness of these responsibilities.

As far as the cameras, Southern Comfort, we were notified by our security security camera provider a couple of days before the incident that the cameras were down.

They let us know on their own recognition.

I have, of course, emailed chain to show that we were actively and in we were actively active in trying to fix it.

You know, they were asking me to set up a schedule for somebody to come out.

It wasn't the whole security system, it was just a specific specific cameras that weren't working, and we were actively working on that for that to happen, and unfortunately, it was in that time frame that we were actually working on it to be resolved.

Again, as I explained, the RTIC camera, which gives the Hampton Police Department real time.

I was unaware that you know I had to purchase these things to set this up to connect it again.

Again, I dropped the ball on that, but once someone made me aware of that I was the sole responsible person to make sure this, I immediately jumped on it with um with the help of Officer Roche that did this presentation, and all of that is definitely in place of being taken care of.

Since the incident, the exterior cameras issues have been fully resolved, and the necessary actions have been taken to ensure the system is properly connected and continually accessible.

We have also enhanced our internal oversight procedures relating to equipment maintenance, vendor follow-up, and compliance verifications to reduce the likelihood of similar rising things in the future.

The window transparency, we advised that the tent within the restaurant portion of the establishment was considered acceptable.

Again, I had asked um when I left my planning commission.

I was under the impression that the city didn't want the vision impaired into the lounge.

So again, I called the officer.

I asked him, did we have to take it down?

He said no, Eddie, because we can't seal it.

Because I have a corridor before I get into the lounge.

So and then the restaurant side, we just use the tent on a restaurant to reduce you know the sunlight, the discomfort of the employees, and it helps with our bill with the with the heat being because it gets very hot in there, and the tent helps it keeps the place cool.

So when I asked, was that okay?

I was told it was okay.

That's why I didn't take it down.

I had no problem with taking the tent down.

Again, we have nothing to hide.

We've been operating for the longest of time, and we've been very compliant with everything that the city has asked for.

So I had no reason, you know, not to even have that done.

Um, but again, I dropped the ball on that.

I didn't learn that an officer cannot supersede the city's actions and demands.

Which again, I didn't know.

I learned it.

I dropped the ball on it.

I take full responsibility of it, and then the tent was immediately taken down when I learned that.

You know, I didn't go through the proper protocol or channel to find out if that was the case.

So I do take full responsibility on that, and you know, that has been taken care of also.

Um, as a restaurant lounge, we fully recognize the seriousness of the concerns raised by the city.

We accept full responsibility for the areas in which we did not meet expectations outlined in our use permit.

We understand that operating the business in the city of Hampton is a privilege that carries significant responsibility, and we are committing to upholding those standards moving forward.

We remain dedicated to being a compliant, transparent, and cooperative partner with the city of Hampton and the Hampton Police Department.

Above all, safety remains our highest priority as a family-owned business.

We I have a 14-year-old son working within the establishment.

Also, have a three-year-old daughter that's frequently present in the establishment.

These concerns extract to us.

They are personal.

The business is not simply a source of income for our family.

It is something we hope to one day pass down to our children.

Ensuring a safe environment for our guest staff and community is foundation to everything we do.

In response to the concerns raised, we have taken correction action, corrective actions by evaluating our internal operations, addressing performance gaps, and implementing meaningful changes in staff oversight procedures and accountability measures.

We are committed to continuous improvement and ongoing compliance, and we respectfully request that the planning commission consider the corrective actions already implemented.

The operational improvements currently in place and our demonstrated willingness to work collaboratorily with the city moving forward.

Rather than a revocation, we are asking for the opportunity to continue to operate and under any enhanced conditions and oversight by the city deems appropriate.

That we continue to serve the city of Hampton.

We will remain ready and willing to work in a partnership within the city to ensure the comfort that operates at the highest standard and commit and committed to be a silly uh community partner.

That will conclude my own.

Thank you, Mr.

Gomez.

Commissioners, do you have questions?

Yes, Commissioner Samuels.

Mr.

Gomez, thank you so much for um giving some context to what is happening, what has occurred at the at Southern Comfort.

Um, I am curious because it just seems like that with regarding security, that are you working with a specific security company to provide security, or are you identifying these individuals to provide the service for you?

That's my first question.

That's a good question.

Um, upon the shooting that occurred, I met with the ABC agent because they came and also did an investigation where they found out you know, in that area we were doing good.

And I explained to her that I do work with a contractor security company, but I'm actively vetting other security companies, and I just didn't want to bounce from one to another without a complete strong vetting system because I don't want this, I don't hire another security company, the same thing happens again.

So I'm actively talking to two different security companies right now, and we're just having meetings and just going over oversights of things that happen, and I do decide to pick one of the better security companies to change to, yes, ma'am.

Okay.

Thank you.

Um, secondly, it seems like what I heard was uh regarding the use of permits, that there was just either you didn't quite understand what was what was being implied or what the city was requiring regarding the use permits.

Are you working with anyone like the violations that have come up, they are all related to use permit violations.

So have you been working with someone?

Is it just you as the business owner that is trying to understand?

I'm I'm that's where I'm a little bit confused.

Because if if it's laid out as to what is required, um, where is the ball being dropped?

I understand that there might be some some misunderstanding between you and what the city is requiring.

I'm just trying to understand like are you working with someone in the city to make sure that there is compliance and understanding of the use permit?

So I have um only things that I was confused about was the really the main part was the RITC camera to be hooked up with the city.

I didn't understand how that procedure worked.

You know, and again, I take responsibility.

I should have reached out, but from my understanding, I just thought that they would come by and hook their cameras up and and be able to have that going on.

Um, the other misunderstanding that I had was with the tent, and I reached out to an officer, and you know, they told me you know it wasn't that much of a concern because it doesn't impede the vision inside the lounge.

But to get more direct into your answer, yes, I have been reaching out to um members, people from the city that hold very high positions, and they've actually helped me get a better understanding to what I should and shouldn't be, and ultimately it came down to it falls back on me because I'm I'm the owner, and once I got that understanding that even if I was a little confused, I need to reach out to the proper channels.

And I learned that when I've seen that, you know, I thought that you know it was I don't know what I thought, but now that I got a perfect definition of I can't reach out to anyone other than counsel if I wanted to, you know, see if this was okay or wasn't okay.

It's not just a member of the city, it has to be amended by one of the council members to even try to change that or have an understanding of what I'm trying to do.

But outside of that, every um violation that we have under my use permit has been fixed and being upheld to the highest for sure.

Yes.

Um, last comment.

I I know that it's you cannot control human behavior of the individuals that are there, but at the end of the day, you're the owner, so it comes back to you.

Um, it is unfortunate the videos that we saw today.

I was just at your establishment um after my daughter's commencement at Norfolk State.

We came there, you had a great time.

Um it's just unfortunate that these things have happened, but I do um I completely respect the the corrective actions that you have taken to try to not have this revoked.

I I appreciate that, and um I just want to thank you for your presentation.

Thank you.

I just want to state that had we all seen the officer standing there, had he even intervened minimally, that wouldn't be as bad as it looked, but he literally just stood there the whole time and didn't intervene with nobody, didn't you even hear him say a word?

He was just standing there.

I don't know if he was in shock.

I I don't know.

And yes, that was me in the um in the in the I was actively on my scooter going to get other guards to have them come assist from the outside to let them know it was a fight going on because he actually has a radio that he didn't use.

He just froze up, and again, I have to take responsibility of that because I'm the owner, but had he even used the radio he had on his hip that's mandated in my use permit, that wouldn't even have gone on that long.

Any other questions?

Yes, Commissioner DeProfio.

Yeah, I guess my question is I mean, we we've been, you know, you you've gone through this process, and I remember when you were here back in December.

Um, and maybe it was November, and and and sort of how this all started in terms of my my time on the planning commission, was that you know you didn't understand your the regulations that you were under at that point, and so you were operating beyond the operating hours, you said you were notified about that, and then we sort of went through this use permit process.

And you know, here we're here today and hearing that you are not understanding or you have not understood the process and the regulations that you were supposed to be operating under, and there was quite a bit of, I think, um, work and effort, I think on your part, on the staff's part, um, to try to come to an arrangement for giving you additional flexibility to operate the hours that you needed to operate or that you requested to operate to operate your you know the the um the banquet facility that's adjacent to your restaurant.

I guess you know my question is you know, given sort of the experience that you've been through, how did you not know who to talk to and how did you not sort of know how this process was supposed to work when you've been very much engaged in it, um and you know, I I I I you know you've been here like I think three or four times over the last several months.

Um I I I don't understand kind of where the disconnect is in terms of your understanding of the um because I mean I I mean you worked very hard to try to get the um flexibility that was provided, and it's hard to understand how you didn't understand the provisions of which it was being provided, yeah.

That's a great question.

Um again, this is um I I've ran a lot of businesses, but this is my first one in this instance.

Um, to initially answer your question how we got here was because I made a clerical error on my paperwork when I first signed it.

Instead of putting 2 a.m., I put 10 p.m.

Because we were in a COVID transition and the city was being shut down at 10 p.m.

That's how this whole thing even started.

Um secondly, I haven't had nowhere near these many problems to even be aware where to start from when I had a problem, because again, I've been open.

This is five years plus now, and I have, as you can see, I have no track record of being in any kind of trouble or doing anything like this.

And um when I was at the um city council meeting, you know, they asked me this is the way I interpreted it because they ask me, said are you okay with them having permission to watch our establishment with those two cameras?

My answer was yes, because I didn't have no problem with watching it, but I didn't know that I was supposed to be the one to, you know, actually, you know, no one let me know I had to order these things to be ordered to connect the cameras to the police department.

I didn't know any of that.

I just know I agreed to let them do it and thought it was being done.

But again, once I leaned in and started making phone calls and I was aware of what I needed to be done, I immediately put it in place because I always want to remain in compliance with the city for sure.

I mean, there were several um things that were reviewed in terms of grounds for revocation, and you you've spoken to them, but I think most of them that you spoke to, you basically said that you didn't understand that that was a requirement.

Um, you know, like notifying the police chief prior to opening up the um or or the police prior to opening up your banquet facility.

I know that there was a lot of conversation around that.

I think it's pretty pretty pretty clear in the provision and the um use permit in terms of how that process works.

When we when we were speaking on that, we were speaking on me holding events as in bringing entertainment to the city.

That's where the misconfusion was when I bring like an artist to the city or a famous DJ to the city or something like that.

I didn't know that if I had like a family calling me for a repass, I had to get the city's permission because I don't see any type of you know, any type of hazard to a family doing a repass.

I understood that the city was concerned with safety and the safety call for when I'm having these big events with artists or entertainers, so that's under the understanding I was.

I thought I could just operate as a regular business without having bringing entertainment into the city without letting the city know.

And I guess one of the other things, and maybe you can explain a little bit more about sort of you said that you know you you kind of made a judgment call um to open the the facility because you had enough people there, but again, the provision says that you need to notify HPD and all that.

Right.

And and I understand what you're saying, but not I don't want to like in a debate, but again, I so we had to have to let the HPD know, and we also had to have a certain standard of officers and police officers that were there.

And since we had that, I didn't see any hazard with opening the event space for the college party.

Now, if I would have had an event which targeted the event center, then yes, I could understand I didn't, you know, let the captain know or things in that nature.

But every time I have a special event, which is what we were specifically talking about, because that's the only time I use the event space is when I have a special event.

That's how I got the reduction of officers needed because I was trying to explain to the city that I don't always use that event space, I only use it for special events, and I didn't have any special events, so I didn't think that I had to notify them.

It was just strictly an overflow of people that came to the college party, so we happened to open up the space.

Yeah, I I I don't want to debate you either, but I know that there was a lot of conversation about, you know, when you'd have X number of people in your venue was really the key driver of the level of security and notifying the police.

And one of the reasons why we ask that the police be notified in those circumstances is because it's not only the presence of officers in your establishment and and security um staff, but you know, the police also sort of take into account other things in terms of their patrols and and officer availability in case there is an incident that goes beyond the capacity for the off the the security officers that you have in your facility to um to address.

And so, you know, and that's one of the reasons why we have the notice requirements so that the other patrols that may need to come in and support that sort of activity are available if something gets beyond the on present security's ability to handle it.

So I said yeah okay.

I mean I I don't want to take up all the time so I'm sorry.

Commissioner DeProvio if you have something else to ask please feel free.

Yeah um I'll give other folks an opportunity to ask thank you.

Anything else?

Yes Commissioner Griffith thank you for your presentation Mr.

Gomez where you admitted uh some compliance failures and took responsibility for them I also want to uh echo um my colleague Commissioner Samuels by saying steps for mitigation are commendable when you recognize what the problem is um at the same time staff recommends revocation and uh I wanted to rewind to the very beginning and the very end of your presentation where you mentioned instead of revocation uh you're proposing uh enhanced oversight with specific enhanced oversight do you propose instead of revocation well um like I said we have now we have weekly meetings with the security you know to go over everything even the little instance of somebody was arguing um we also have um work with another club in the area to actively have a collectively banned list to where if they're banned from one establishment we automatically banned them from another establishment that would stop the people from going from establishment to establishment causing problems um of course we sent the I made it mandatory for the security company to send their security guards back to training to have them get excess training on you know escalations and violence within the within the means of their realms um I also I took accountability I made um when I talked to the ABC agent I also took a um a Martin class that she recommended I take is um MART it's under the um ABC lines under their website um I've also made my employees that she recommended take a training and serving class that they've taken and it's you know I guess somebody could log into ABC and see their certificates my certificate also my other management certificate so things in that nature we've took in place and initially just drove forward with doing because when we get these type of recommendations anything that we can do of course we're gonna do it to make sure these type of things never happen again.

Thank you you're welcome anything else.

Yeah I guess my other question was um at what point did you put the additional procedures in place?

Um after after the incident happened which which one the one where because all those incidents that we seen were in the same night so there were two incidents there was the shooting out the you're right you're right you're right you're right you're right we um well most of them was put in place after the um the shooting definitely with the security and the standards and then during that time because everybody couldn't complete you know the training that ABC recommended at the time but all throughout that time we were making those adjustments happen absolutely for sure.

Is that answering the question?

Because yes, it started when someone got struck by a gunfire, yes, for sure.

Because that's when the ABC agent when they came and did their investigation, and I had a meeting with them, and she gave me a list of things, and we proactively took.

I guess then my my follow-up question would be.

What do you think?

Well why do you think you ended up in a situation where you had the second incident?

If you were putting these these um procedures in place after the first.

The second incident is the fight we've seen.

Um again, I gotta take full responsibility of that, but I just feel like if this officer would have did his job, that would have never happened.

Because what you don't see is you don't see it started from very far apart, and they were just talking to each other and closer, closer and closer, and not one time as we can see that he even intervene to say, yo, we can't do that here, or yo, we gotta hear like he didn't utterly say one.

I don't know what happened to him, but I do think if we acted we had a better guard there, none of that would ever even happen.

Thank you.

You're welcome.

Anything else?

Yes, Commissioner Griffith?

Uh yes, just uh as a point of clarity, um Corey.

Uh question about terms of revocation um would limit the permit holder to stay open later, but not necessarily shut down the business in any way.

Uh the the applicant or excuse me, the permit holder would be permitted to seek a lower degree of restaurant used yet restaurant one or two, um, both of which are handled administratively.

Okay, thank you for clarifying.

Is there any anything else for Mr.

Gomez?

Thank you, sir.

You're welcome, thank you.

This is uh public hearing, so I will open the public hearing.

Is anyone signed up to speak?

There are not.

Then I will close the public hearing and call for a motion.

Madam Chair, if I may, that you all have a motion sheet in front of you.

The motion labeled approve would recommend denial of this use permit, and the motion labeled deny would recommend that council not revoke it.

I apologize if that's confusing.

All right.

Um I move that the planning commission recommend the city council revoke the use permit 2600 three nine for restaurant three at twenty one sixty-three and twenty-one sixty-five Cunningham Drive.

I second, we have a motion and a second on the floor to recommend City Council revoke use permit twenty-six-0039 for restaurant three at Cunningham Drive.

Just to clarify, a vote of I means that the uh commissioner votes to revoke.

That is correct, madam chair.

Okay.

Is there any additional discussion before we call for the vote?

Madam Clerk, please call for the vote.

Commissioner Samuels.

Commissioner Griffith?

Commissioner Brooks?

Aye.

Commissioner Coleman, Vice Chair Mugler.

Commissioner DeProfio?

Aye.

Chair Rogers.

Aye.

This motion carries.

At this point, we'll move on to items by the public.

Is there anyone signed up to speak?

There are not.

Are there any matters by the commissioners?

All right.

Being none, this meeting will be adjourned.

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Up.

Down.

But I need your retention.

Can we leave my condition?

This one I'll protect.

You got my home.

But maybe I'm addicted.

Rock it a little bigger.

Really rocking side to five.

Good.

You got me.

You got me.

You got you got me.

You got me.

You got me here.

You got you got me.

You got me.

You got me here.

You got me.

Very good.

I'm saying no one crazy.

Look at how you made me.

You got my mind on hasty good.

Push down.

Top.

Good.

All the way.

There you go.

Good.

Very good.

Raise the arms up.

Good.

Raise them up, raise them up.

Very nice.

Two steps.

One, two, one, two, and four, four, three, two, one.

Walk it up.

One, two, three, tap.

Back, two, three, tap, and rock.

We're gonna repeat that.

Here we go.

Two.

Four.

Walk it up.

Rock step.

Four.

Walk it up.

All right, you should have it by now.

Keep it up.

Good.

Four.

Walk it up.

Very good.

Keep going.

Four.

Walk it up.

Rock step.

Get ready to turn it.

Good.

Two.

Four.

Walk it up.

You ready to turn it?

Four.

Walk it up.

Good.

Two.

Four.

Walk it up.

Tap.

Rock.

All right, we're gonna make it a little difficult now.

Squat it down.

Two, two, two, two, four.

Walk it up.

One, two, three, knee.

Back, two, three, knee.

Good.

Down.

Down.

Four.

Me.

Good.

Knee.

Light down.

Down.

Walk it up.

One, two, three, knees.

Two, two, three, knee, rock.

Good.

Four.

Nice and wide.

We're gonna come up with a kick this time.

One, two, three, kick.

Back, two, three, kick, rock.

Walk it with a kick.

Kick.

Walk it up with a kick.

Good.

Good.

Walk it up.

Kick.

Kick.

You got it.

Four.

Walk it up.

At this point, you can put whatever flavor you want on it.

Anything you want to do, this is the time.

Four.

Walk it up.

Pop.

Turn.

Rock.

Good.

Four.

Walk it up.

Very nice.

So our seasonal need.

Cross back.

As a matter of fact, it's stupid.

Why are we trying so hard to hide?

They won't be talking in your way.

It might as well be about you with me.

Something to talk about.

It's time for you with me.

So don't go too well in the shape.

Why don't you care what they've got to say?

They won't be talking anyway.

And as long as they talk it might as well be about you and me.

Let's give them something to think about the something.

Really, the arms.

And lift.

And lift.

And um, easy down.

Something to talk about.

Um, one side.

Thank you once again for tuning in to another episode of Fusion Fitness.

You did an awesome job.

Keep participating, and everything will always get easier.

Want to give thanks one more time to Tayshana and also to Sideo for extracting with me today.

And if you have any questions for me, my email address will be in the credits.

And if you want to know any information about the artists who contributed their music today, that information will also be there.

Tune in next time.