Planning Commission Agendas & Minutes
Regular MeetingHampton, VA · June 20, 2019
Minutes
AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION HELD IN THE LAWSON
CONFERENCE ROOM, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON
THURSDAY, JUNE 20, 2019 AT 3:00 P.M.
Acting Secretary to the Commission/Deputy Director of Community Development Steven Shapiro
called the meeting to order at 3:04 p.m. A call of the roll noted Commissioners Ruthann Kellum,
Tommy Southall, Vice-Chair Carole Garrison, and Chairman Christopher Carter as being present.
Commissioners Trina Coleman, Steven Brown, and Mary Bunting were noted as absent; however,
Commissioner Coleman arrived after the start of the work session. Staff in attendance were Acting
Secretary to the Commission/Deputy Director of Community Development Steven Shapiro,
Deputy City Attorney Bonnie Brown, Director of Economic Development Chuck Rigney, Chief
Planner Donald Whipple, Senior City Planner Tolu Ibikunle, Senior City Planner Lucy Stoll, City
Planner Frank Glover, City Attorney Office Summer Intern Chris Hennessey, and Recording
Secretary/Senior Administrative Assistant Kristie Graves.
The Commission and staff discussed the following agenda items, with the following information
being provided:
Introductions: Staff was introduced to City Attorney Office Summer Intern Chris Hennessey and
the Director of Economic Development Chuck Rigney.
Approval of Minutes: Separate motions and votes will be required for each set of minutes.
Rezoning Application No. 19-00003 and Use Permit Nos. 19-00005 and 19-00006: by Red Moon
Partners, LLC to rezone +10.5 acres located at 3200 Magruder Boulevard [LRSN: 6000997] and 36
Research Drive [LRSN: 6000996], from Limited Manufacturing District (M-1) to General Commercial
(C-3); to operate an indoor shooting range as an anchor of a proposed mixed commercial
development located at 3200 Magruder Boulevard [LRSN: 6000997] and 36 Research Drive [LRSN:
6000996]; and to operate a storage facility as part of a proposed mixed commercial development
located at 3200 Magruder Boulevard [LRSN: 6000997] and 36 Research Drive [LRSN: 6000996]. The
development would make use of existing buildings with significant modifications, as well as
construction of a new building. The three items are related, so there will be one presentation and
public hearing but a separate vote for each item will required.
Use Permit No. 19-00003: by Sly Clyde, LLC requesting live entertainment 2 in conjunction with a
micro-brewery/distillery/cidery at 207 E Mellen Street [LRSN: 12001143] and 3 S Curry Street [LRSN:
12001144]. The request includes outdoor performances in the large area at the rear of the
property. It is within the Planning Commissions purview to amend the hours recommended by
staff. It would have to be specified in the motion to amend the condition for the hours, and the
justification for the amendment of the condition.
Work session adjourned at 3:30 P.M.
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AT THE REGULAR MEETING AND PUBLIC HEARING OF THE HAMPTON PLANNING COMMISSION HELD
IN THE COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON
THURSDAY, JUNE 20, 2019 AT 3:30 P.M.
l. CALL TO ORDER
Chairman Christopher Carter called the meeting to order at 3:34 P.M.
II. ROLL CALL
A call of the roll noted Commissioners Trina Coleman, Ruthann Kellum, Tommy Southall,
Vice-Chair Carole Garrison, and Chairman Carter as being present. Commissioners Steven Brown
and Mary Bunting were noted as absent. Staff in attendance were Acting Secretary to the
Commission/Deputy Director of Community Development Steven Shapiro, Deputy City Attorney
Bonnie Brown, Director of Economic Development Chuck Rigney, Chief Planner Donald Whipple,
Senior City Planner Tolu Ibikunle, Junior Youth Planner Will Klotz, City Attorney Office Summer Intern
Chris Hennessey, and Recording Secretary/Senior Administrative Assistant Kristie Graves.
III. MINUTES – MAY 7, 2019 WORK SESSION & PUBLIC MEETING
A motion was made by Commissioner Ruthann Kellum and seconded by Commissioner
Tommy Southall to approve the minutes of the May 7, 2019 Work Session and Planning Commission
meeting.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Carter
NAYS: None
ABST: Garrison
ABSENT: Brown, Bunting
Vice-Chair Garrison abstained from voting because she was not present at the May 7, 2019
Planning Commission meeting.
IV. MINUTES – MAY 16, 2019 WORK SESSION & PUBLIC MEETING
A motion was made by Commissioner Trina Coleman and seconded by Commissioner
Ruthann Kellum to approve the minutes of the May 16, 2019 Work Session and Planning
Commission meeting.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Garrison
NAYS: None
ABST: Carter
ABSENT: Brown, Bunting
Chairman Carter abstained from voting because he was not present at the May 16, 2019
Planning Commission meeting.
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IV. PUBLIC HEARING ITEMS
Acting Secretary Shapiro read the key points of the Hampton Planning Commission Public
Hearing/Comment Rules in order for the affairs of the Commission to be conducted in a courteous
manner.
The first three public hearing items are related and will be part of one presentation and
public hearing item. A separate motion and vote is required for each item.
Mr. Shapiro read the public hearing notices on the first three related agenda items.
A. RZ 19-00003 – RED MOON PARTNERS, LLC, 3200 MAGRUDER BOULEVARD
[LRSN: 6000997] AND 36 RESEARCH DRIVE [LRSN: 6000996], LIMITED MANUFACTURING
DISTRICT (M-1) TO GENERAL COMMERCIAL DISTRICT (C-3)
Rezoning Application No. 19-00003. This is a rezoning applicaton by Red Moon
Partners, LLC to rezone +10.5 acres located at 3200 Magruder Boulevard [LRSN:
6000997] and 36 Research Drive [LRSN: 6000996]. The application is to rezone the
property from Limited Manufacturing District (M-1) to General Commercial (C-3).
Approval of this application would ensure the most appropriate zoning for a
mixture of commercial uses to include an indoor shooting range and self-storage,
each subject to a use permit, along with general retail, restaurant with or without
a drive-thru, and offices. The Hampton Community Plan (2006, as amended)
recommends commercial and business/industrial use for this site. Copies of
documents or information concerning this proposal may be obtained from the
Community Development Department located in City Hall at 22 Lincoln Street or
from Donald Whipple, 757-728-5235 or dwhipple@hampton.gov.
B. UP 19-00005 – RED MOON PARTNERS, LLC, 3200 MAGRUDER BOULEVARD
[LRSN: 6000997] AND 36 RESEARCH DRIVE [LRSN: 6000996], INDOOR SHOOTING RANGE
Use Permit Application No. 19-00005. This is a use permit application by Red Moon
Partners, LLC to operate an indoor shooting range as an anchor of a proposed
mixed commercial development located at 3200 Magruder Boulevard [LRSN:
6000997] and 36 Research Drive [LRSN: 6000996]. The Hampton Community Plan
(2006, as amended) recommends commercial and business/industrial use for this
site. This application is in conjunction with Rezoning Application No.19-00003.
Copies of documents or information concerning this proposal may be obtained
from the Community Development Department located in City Hall at 22 Lincoln
Street or from Donald Whipple, 757-728-5235 or dwhipple@hampton.gov.
C. UP 19-00006 – RED MOON PARTNERS, LLC, 3200 MAGRUDER BOULEARD
[LRSN: 6000997] AND 36 RESEARCH DRIVE [LRSN: 6111996], STORAGE FACILITY
Use Permit Application No. 19-00006. This is a use permit application by Red Moon
Partners, LLC to operate a storage facility as part of a proposed mixed commercial
development located at 3200 Magruder Boulevard [LRSN: 6000997] and 36
Research Drive [LRSN: 6000996]. The Hampton Community Plan (2006, as
amended) recommends commercial and business/industrial use for this site. This
application is in conjunction with Rezoning Application No.19-00003. Copies of
documents or information concerning this proposal may be obtained from the
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Community Development Department located in City Hall at 22 Lincoln Street or
from Donald Whipple, 757-728-5235 or dwhipple@hampton.gov.
Chief Planner Donald Whipple presented the staff report on the subject applications,
copies of which are attached to the original minutes. He stated that staff recommends approval
of Rezoning Application No. 19-00003 with nine (9) proffered conditions, Use Permit Application
No. 19-00005 with six (6) conditions, and Use Permit Application No. 19-00006 with five (5)
conditions.
A community meeting was held on June 12, 2019 by the applicant. All property owners
within the Langley Research & Development Park were invited; approximately seven (7) people
attended and were in support of the proposal. There is also a letter of support from the Langley
Research & Development Park Business Association. The applicant was also available to answer
questions regarding the subject applications.
In response to a questions from Vice-Chair Garrison, Mr. Whipple responded that the café
is proposed to have a drive thru. Mr. Shapiro indicated that the drive thru would not impede
traffic.
Mr. Whipple added that most applications go through a triage process with the land
development services team. The team reviews site plans and evaluates items early on in the
application process which may add complications, such as site circulation, exits, and entrances
from public streets, et al. If issues are noted during their evaluation, a traffic study is then required.
The applicant, James Crawford, 7 Breezy Point Road, Poquoson, represents Red Moon
Partners, LLC, 34 Research Drive.
In response to a question from Vice-Chair Garrison, Mr. Crawford stated that his company
looks for ways to integrate with the community to find solutions for defense related issues such as
drones and robotics. Ms. Garrison shares that she works with people who attend hack-a-thons,
and have to travel to attend the hack-a-thons. Mr. Crawford added that his company is
connected with universities and is working to be a center of activity for the local universities.
In response to a question from Commissioner Coleman, Mr. Crawford replied that some of
the virtual environments will offer an understanding of guns, and he anticipates that the Scouts
will play a big part. They plan to have a number of mentors and coaches for youth.
In response to questions from Commissioner Kellum, Mr. Crawford explained that the
current shooting range is for air rifles which are shot with pellet guns. There is an Olympic-style
shooting competition held. To make sure the economic model worked for their project, they
looked at the wholistic approach and the storage facility makes sense.
In response to a question from Commissioner Coleman, Mr. Crawford responded that the
ThunderDrone and self-storage facility are separate buildings. There will be small storage spaces
for use for the micro-drone racing. Micro-drones are usually smaller than 12 inches, lunchbox size.
There being no further questions or speakers, the Planning Commission approved the
following resolution:
WHEREAS: the Hampton Planning Commission has before it this day a proposal by Red Moon
Partners, L.L.C., to rezone 10.5+ acres at 3200 Magruder Boulevard [LRSN 6000997]
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and 36 Research Drive [LRSN 6000996] from Limited Manufacturing (M-1) District to
General Commercial (C-3) District with proffers;
WHEREAS: the applicant proposes a mixed-use development to include: indoor shooting
range and self-storage, each subject to securing a use permit; modeling &
simulation/office; general retail; and restaurant with and without a drive-thru;
WHEREAS: the rezoning application is being brought forward in conjunction with two (2) Use
Permit Application Nos. 19-00005 and 19-00006 to permit the indoor shooting range
and self-storage components of this proposal;
WHEREAS: the properties are zoned Limited Manufacturing (M-1) District and Magruder Visual
Corridor (O-MVC) District;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends commercial land
uses for the 3200 Magruder Boulevard portion of the site and business/industrial for
the 36 Research Drive portion;
WHEREAS: there are nine (9) proffered conditions attached to this rezoning;
WHEREAS: the proffered conditions safeguard compatibility with the uses within the park and
limits the self-storage use to no more than 75% of the gross floor area of the building
containing self-storage;
WHEREAS: the proffered conditions protect the aesthetic character of the Magruder Visual
Corridor and the park by referencing a concept plan, building elevations, and
design guidelines to ensure quality building design and materials and adequate
landscape buffers;
WHEREAS: the Langley Research and Development Park Association sent a letter of support,
endorsing the development proposal;
WHEREAS: Planning staff recommends approval of this rezoning application; and
WHEREAS: no one from the public spoke on this application.
NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner
Carole Garrison,
BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of
Rezoning Application No. 19-00003 with nine (9) conditions.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Garrison, Carter
NAYS: None
ABST: None
ABSENT: Brown, Bunting
The Planning Commission also approved the following resolution:
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WHEREAS: the Hampton Planning Commission has before it this day a proposal by Red Moon
Partners, L.L.C., to operate an indoor shooting range as a component of a
proposed mixed-use development at 3200 Magruder Boulevard [LRSN 6000997]
and 36 Research Drive [LRSN 6000996];
WHEREAS: the properties are zoned Limited Manufacturing (M-1) District and Magruder Visual
Corridor (O-MVC) District;
WHEREAS: this use permit application accompanies Rezoning Application No. 19-00003, a
rezoning that would change the base zoning to General Commercial (C-3) District,
which permits indoor shooting ranges with an approved use permit;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends commercial land
uses for the 3200 Magruder Boulevard portion of the site and business/industrial for
the 36 Research Drive portion;
WHEREAS: there are six (6) conditions attached to this use permit application for the indoor
shooting range, related to issuance of permit, security, and range design and
operation;
WHEREAS: the Langley Research and Development Park Association sent a letter of support,
endorsing the development proposal;
WHEREAS: Planning staff recommends approval of this use permit application; and
WHEREAS: no one from the public spoke on this application.
NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner
Ruthann Kellum,
BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of
Use Permit Application No. 19-00005 with six (6) conditions.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Garrison, Carter
NAYS: None
ABST: None
ABSENT: Brown, Bunting
The Planning Commission also approved the following resolution:
WHEREAS: the Hampton Planning Commission has before it this day a proposal by Red Moon
Partners, L.L.C., to operate self-storage as a component of the proposed mixed-
use development at 3200 Magruder Boulevard [LRSN 6000997] and 36 Research
Drive [LRSN 6000996];
WHEREAS: the properties are zoned Limited Manufacturing (M-1) District and Magruder Visual
Corridor (O-MVC) District;
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WHEREAS: this use permit application accompanies Rezoning Application No. 19-00003, a
rezoning that would change the base zoning to General Commercial (C-3) District,
which permits storage facilities with an approved use permit;
WHEREAS: a proffered condition from the rezoning limits the self-storage use to no more than
75% of the gross floor area of the building containing self-storage;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends commercial land
uses for the 3200 Magruder Boulevard portion of the site and business/industrial for
the 36 Research Drive portion;
WHEREAS: there are five (5) conditions attached to this use permit application for a self-
storage operation, related to surveillance and issuance of the permit;
WHEREAS: the Langley Research and Development Park Association sent a letter of support,
endorsing the development proposal;
WHEREAS: Planning staff recommends approval of this use permit application; and
WHEREAS: no one from the public spoke on this application.
NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner
Trina Coleman;
BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of
Use Permit Application No. 19-00006 with five (5) conditions.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Garrison, Carter
NAYS: None
ABST: None
ABSENT: Brown, Bunting
Mr. Shapiro read the public hearing notice on the next agenda item.
D. RZ 19-00004 – CITY OF HAMPTON, 3 S CURRY STREET [LRSN: 12001144], LIMITED
COMMERCIAL DISTRICT (C-2) TO PHOEBUS TOWN DISTRICT (PH-2)
Rezoning Application No. 19-00004. This is a rezoning application by the City of
Hampton to rezone +.11 acres located at 3 S Curry Street [LRSN: 12001144], which
is a vacant parcel located at the corner of Curry and County Streets, effectively
functioning as a portion of the backyard of Sly Clyde Ciderworks. The application
is to rezone the property from Limited Commercial (C-2) District to Phoebus Town
(PH-2) District with no proffered conditions. Approval of this application would
ensure that both parcels that are part of Sly Clyde Ciderworks and are in common
ownership have the same zoning district, PH-2. The Hampton Community Plan
(2006, as amended) recommends mixed-use for this site. The subject property falls
within the Phoebus Master Plan, (2013, as amended). Copies of documents or
information concerning this proposal may be obtained from the Community
Development Department located in City Hall at 22 Lincoln Street or from Tolu
Ibikunle, 757-728-5237 or tibikunle@hampton.gov.
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Senior Planner Tolu Ibikunle presented the staff report on the subject application, a
copy of which is attached to the original minutes. She stated that staff recommends
approval of Rezoning Application No. 19-00004.
There being no questions or speakers, the Planning Commission approved the following
resolution:
WHEREAS: the Hampton Planning Commission has before it this day a request by the City of
Hampton to rezone +0.11 acres located at 3 S Curry Street [LRSN: 12001144], which
is a vacant parcel located at the corner of Curry and County Streets, effectively
functioning as a portion of the backyard of Sly Clyde Ciderworks;
WHEREAS: the application is to rezone the subject property from Limited Commercial (C-2)
District to Phoebus Town (PH-2) District;
WHEREAS: approval of this application would ensure that both parcels that are part of Sly
Clyde Ciderworks and are in common ownership have the same zoning district, PH-
2;
WHEREAS: the property is zoned Limited Commercial (C-2) District;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use for this
site.
WHEREAS: the subject property falls within the Phoebus Master Plan, (2013, as amended)
which recommends the development of a mixture of residential and commercial
land uses in a pedestrian oriented development pattern for this area;
WHEREAS: there are no proffered conditions attached to this rezoning;
WHEREAS: Planning staff recommends approval of this rezoning application; and
WHEREAS: no one from the public spoke about this application.
NOW, THEREFORE, on a motion by Commissioner Tommy Southall and seconded by Commissioner
Ruthann Kellum,
BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of
Rezoning Application No. 19-00004 with no conditions.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Garrison, Carter
NAYS: None
ABST: None
ABSENT: Brown, Bunting
Mr. Shapiro read the public hearing notice on the last agenda item.
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E. UP 19-00003 – SLY CLYDE LLC, 207 E MELLEN STREET [LRSN: 12001143] AND 3 S CURRY
STREET [LRSN: 12001144], LIVE ENTERTAINMENT 2 IN CONJUNCTION WITH A MICRO-
BREWERY/DISTILLERY/CIDERY
Use Permit Application No. 19-00003. This is a use permit application by Sly Clyde,
LLC requesting live entertainment 2 in conjunction with a micro-
brewery/distillery/cidery at 207 E Mellen Street [LRSN: 12001143] and 3 S Curry Street
[LRSN: 12001144]. 207 E Mellen is currently zoned Phoebus Town (PH-2) District which
allows for live entertainment in conjunction with a micro-brewery/distillery/cidery
subject to an approved use permit. 3 S Curry Street is currently zoned Limited
Commercial (C-2) District, which does not permit micro-brewery/distillery/cidery
uses. However, this application is proposed in conjunction with Rezoning
Application No.19-00004, which, if approved, will also place the parcel in PH-2. The
Hampton Community Plan (2006, as amended) recommends mixed use for this site.
The subject properties fall within the Phoebus Master Plan, (2013, as amended).
Copies of documents or information concerning this proposal may be obtained
from the Community Development Department located in City Hall at 22 Lincoln
Street or from Tolu Ibikunle, 757-728-5237 or tibikunle@hampton.gov.
Senior Planner Tolu Ibikunle presented the staff report on the subject application, a copy
of which is attached to the original minutes. She stated that staff recommends approval of Use
Permit Application No. 19-00003 with fourteen (14) conditions. The applicant was also available
to answer questions regarding the subject applications.
The applicant, Tim Smith, 355 Warrington Circle, represents Sly Clyde, LLC.
In response to questions from Vice-Chair Garrison, Mr. Smith expressed that the application
requested that the outdoor live entertainment end at 10:00P.M. daily. They typically have no
music during the week. The applicant states that they discussed prior to opening what the
parameters for the business would be, and the plan would be to have their music end at 10:00P.M.
so as not to be a competitor to other local restaurants that provide live entertainment. Mr. Smith
gave some examples of restaurants in downtown Hampton that begin live entertainment at
10:00P.M. He stated that he would rather not have live entertainment than to have it end at
8:00P.M. and have his patrons leave and go to other locations for entertainment. Mr. Smith
pointed out an L-shaped area at the back of his location, where based on sound tests, would be
the best place for the proposed entertainment. This location did not have an adverse effect on
the adjoining properties. Mr. Smith added that it would also not be feasible to have the
entertainment move from outdoors at 8:00P.M. and continue inside. It would require the band to
pack their instruments and equipment up, and this would also interrupt the scheduling of comedy
entertainment he currently has.
In response to a question from Commissioner Southall, Deputy City Attorney Bonnie Brown
responded that the City’s current noise ordinance has provisions regarding amplified sound and
is specific to whether it is before or after 10:00P.M. If the noise is plainly audible inside the confines
of a dwelling unit, it is a violation of the noise ordinance regardless of the time. The distance
requirement depends on the hour. Before 10:00P.M., the distance is 100 feet away; after
10:00P.M., the distance decreases to 50 feet. Ms. Brown indicated that one of the conditions
references the City’s noise ordinance.
In response to a question from Commissioner Southall, Ms. Ibikunle explained that initially
staff recommended expanding the hours for outdoor live entertainment past 8:00P.M. for The
Vanguard. The time was amended to 8:00P.M. due to the concerns of citizens living directly
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adjacent to the location. Ms. Ibikunle further stated that the applicant did host a community
meeting and approximately 15-16 people attended. In the meeting, Mr. Smith shared his plan to
request expanded hours to 10:00P.M. for the live outdoor entertainment. No one present
expressed objections and were in fact supportive of the change to 10:00P.M. for the outdoor live
entertainment.
In response to a question from Vice-Chair Garrison, Ms. Ibikunle explained that the live
entertainment use permit and conditions are attached to the parcel not the operator. If there is
a 2-year lapse between business operators, the use permit expires and the new operator would
be required to submit a new use permit for live entertainment. A public hearing would be held
before the Planning Commission and City Council.
Mr. Smith commented that a new operator would still be bound by the same noise
ordinance that exists for his business.
In reference to a previous question from Commissioner Southall, Ms. Brown confirmed that
if music (instruments, machines, or devices) can be heard at a distance of 100 feet or more before
10:00P.M., and at 50 feet after 10:00P.M., the person is in violation of the City code.
In response to questions from Commissioner Kellum, Mr. Shapiro clarified that live
entertainment includes comedians, poetry readings, and open mic. Ms. Ibikunle stated that there
is a list of examples of live entertainment.
Mr. Smith noted that the live entertainment for his venue includes 1, 2, or 3-piece
ensembles that do not include drums, as well as, comedians, possibly movies on the patio.
In response to a question from Chairman Carter, Mr. Smith explained that hardscape
would reflect sound. The proposed location for his music is in a corner facing the ballfield and
along the edge of the adjacent American Legion property.
Commissioner Coleman indicated that depending on how the speakers are facing, there
will be constructive or destructive interference. She added that Mr. Smith has found a location
where the sound waves will cancel each other out.
Shirley Wells, 12 S. Curry Street, is not opposed to live entertainment at the location. She
said that the primary problem is parking in downtown Phoebus.
In response to a question from Vice-Chair Garrison, Ms. Wells responded that she does not
mind music on the weekdays or weekends. She says that she enjoys the company from Mr. Smith’s
patrons, and likes the cidery across the street from her home and the family that runs it.
Dale Schultz, 223 E. Mellen Street, has no objection to the live entertainment. He added
that he cannot hear any music, and his neighbors have no problems with the music either. He
says that it is nice to see downtown Phoebus come back alive.
In response to a question from Vice-Chair Garrison, Ms. Brown explained that if a
Commissioner wanted to change the hours of the live entertainment, it would have to be stated
in the motion to amend the condition for hours to 10:00P.M., and be specific about the days.
In response to a question from Commissioner Southall, Mr. Smith clarified that his business
typically opens late in the afternoon at 4:00P.M. or 5:00P.M. and closes at 10:00P.M. During the
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winter months, the location closes earlier. The music usually starts at 7:00P.M. and ends at
10:00P.M. The hours for the comedians and movies on the patio are different.
In response to a questions from Chairman Carter, Mr. Smith stated that his location does
not serve food, they have food trucks.
In response to a question from Commissioner Southall, Mr. Smith responded that having
the live entertainment hours amended to 12:00PM to 10:00PM. would be good for his business.
The Planning Commission approved the following resolution:
WHEREAS: the Hampton Planning Commission has before it this day a proposal by Sly Clyde,
LLC to permit live entertainment 2 in conjunction with a micro-
brewery/distillery/cidery at 207 E Mellen Street [LRSN: 12001143] and 3 S Curry Street
[LRSN: 12001144];
WHEREAS: the 207 E Mellen Street property is currently zoned Phoebus Town (PH-2) District
which allows for live entertainment in conjunction with a micro-
brewery/distillery/cidery subject to an approved use permit. 3 S Curry Street is
currently zoned Limited Commercial (C-2) District, which does not permit micro-
brewery/distillery/cidery uses. However, this application is proposed in conjunction
with Rezoning Application No. 19-00004, which, if approved, will place the parcel
in the correct zoning district to be eligible for a live entertainment use permit;
WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed-use for this
site;
WHEREAS: the subject properties fall within the Phoebus Master Plan, (2013, as amended)
which recommends the development of a mixture of residential and commercial
land uses in a pedestrian oriented development pattern for this area;
WHEREAS: there are fourteen (14) recommended conditions attached to this use permit
application for live entertainment 2 in conjunction with a micro-
brewery/distillery/cidery related to: location, hours of live entertainment, capacity,
revocation and other standards conditions;
WHEREAS: the Planning Commission specifically amended the condition related to permitted
hours for live entertainment performed outdoors, allow entertainment to continue
until 10:00PM every day of the week;
WHEREAS: Planning staff recommends approval of this rezoning application, including
Planning Commission’s amendment to the hours for outdoor live entertainment;
and
WHEREAS: two (2) members of the public spoke in support of this application.
NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner
Tommy Southall,
BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of
Use Permit Application No. 19-00003 with fourteen (14) conditions, with Condition
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#3 as amended with outdoor live entertainment hours from Monday-Thursday
4:00PM to 10:00PM and Friday-Sunday 12:00PM to 10:00PM.
A roll call vote on the motion resulted as follows:
AYES: Coleman, Kellum, Southall, Garrison, Carter
NAYS: None
ABST: None
ABSENT: Brown, Bunting
VI. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
A. YOUTH PLANNER PRESENTATION
Junior Youth Planner Will Klotz presented the Youth Planner report for June.
During the month of May, three meetings were held by the Hampton Youth Commission
(HYC).
On May 6th, HYC debriefed from the joint meeting with the Neighborhood Commission.
Discussion was held on the interview process for the upcoming HYC interviews. While City Council
appoints new Youth Commissions, current Commissioners and support staff are responsible for
vetting and interviewing applicants and recommending new members to Council.
Commissioners identified the qualities they would like to see in potential candidates, discussed the
interview process, and developed interview questions.
The May 13th meeting served as a practice for the joint meeting with the Planning
Commission on May 20th. Youth Commissioners were given a lesson on active listening, and how
to project their voices more clearly. The meeting ended with a review of how the joint meeting
would run.
On May 20th, the HYC held a joint meeting with the Planning Commission. The meeting
served as a relationship builder, and gave the Youth Commissioners and Planning Commissioners
an opportunity to ask questions. The meeting ended with HYC end of year celebration.
Mr. Klotz expressed his thanks and gratitude to the Planning Commission for attending the
meeting.
There is a tentative Grants Committee training to be held on July 9th. The Grant Program
shows the youth in Hampton that their talents and ideas matter to not only their community but to
City government as well. Funding for the Grant Program in the amount of $20,000 was approved
by City Council this year.
The HYC Boot Camp ended on June 20th. The boot camp offers new Commissioners a
chance to become more acquainted with the HYC, with other Youth Commissioners, and what
their role as a Youth Commissioner is.
The Annual HYC Retreat will be held August 20th – August 22nd. The retreat gives new and
current Commissioners a chance to bond and develop a relationship before the start of the
planning year, and allows them to elect the Executive Committee.
WS & Public Meeting Minutes 20190620
Page 12
Agenda
PLANNING COMMISSION
CITY OF HAMPTON, VIRGINIA
CHAIR: Christopher Carter
VICE-CHAIR : Carole Garrison
COMMISSIONERS : Steven Brown, Mary Bunting, Trina Coleman, Ruthann Kellum, Thomas
Southall
WORK SESSION
June 20 , 2019 @ 3:00 PM – City Hall, Lawson Conference Room, 8 th Floor
I. Questions about agenda items
MEETING AGENDA
June 20 , 2019 @ 3:30 PM – City Hall, City Council Chambers, 8 th Floor
I. Call to Order
II. Roll Call
III. Minutes of the May 7, 2019 Planning Commission Meeting
IV. Minutes of the May 16, 2019 Planning Commission Meeting
V. Public Hearing Items
A) Rezoning Application No. 19-00003 . This is a rezoning application by Red Moon Partners, LLC
to rezone +10.5 acres located at 3200 Magruder Boulevard [LRSN: 6000997] and 36 Research
Drive [LRSN: 6000996] . The application is to rezone the property from Limited Manufacturing
District (M-1) to General Commercial (C-3). Approval of this application would ensure the most
appropriate zoning for a mixture of commercial uses to include an indoor shooting range and self-
storage, each subject to a use permit, along with general retail, restaurant with or without a drive-
thru, and offices. The Hampton Community Plan (2006, as amended) recommends commercial
and business/industrial use for this site. Copies of documents or information concerning this
proposal may be obtained from the Community Development Department located in City Hall at
22 Lincoln Street or from Donald Whipple, 757-728-5235 or dwhipple@hampton.gov.
B) Use Permit Application No. 19-00005. This is a use permit application by Red Moon Partners,
LLC to operate an indoor shooting range as an anchor of a proposed mixed commercial
development located at 3200 Magruder Boulevard [LRSN: 6000997] and 36 Research Drive
[LRSN: 6000996] . The Hampton Community Plan (2006, as amended) recommends commercial
and business/industrial use for this site. This application is in conjunction with Rezoning
Application No.19-00003. Copies of documents or information concerning this proposal may be
obtained from the Community Development Department located in City Hall at 22 Lincoln Street
or from Donald Whipple, 757-728-5235 or dwhipple@hampton.gov.
C) Use Permit Application No. 19-00006 . This is a use permit application by Red Moon Partners,
LLC to operate a storage facility as part of a proposed mixed commercial development located at
3200 Magruder Boulevard [LRSN: 6000997] and 36 Research Drive [LRSN: 6000996] . The
Hampton Community Plan (2006, as amended) recommends commercial and business/industrial
use for this site. This application is in conjunction with Rezoning Application No.19-00003. Copies
of documents or information concerning this proposal may be obtained from the Community
Development Department located in City Hall at 22 Lincoln Street or from Donald Whipple, 757-
728-5235 or dwhipple@hampton.gov.
D) Rezoning Application No. 19-00004 . This is a rezoning application by the City of Hampton to
rezone +.11 acres located at 3 S Curry Street [LRSN: 12001144] , which is a vacant parcel
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located at the corner of Curry and County Streets, effectively functioning as a portion of the
backyard of Sly Clyde Ciderworks. The application is to rezone the property from Limited
Commercial (C-2) District to Phoebus Town (PH-2) District with no proffered conditions. Approval
of this application would ensure that both parcels that are part of Sly Clyde Ciderworks and are in
common ownership have the same zoning district, PH-2. The Hampton Community Plan (2006,
as amended) recommends mixed-use for this site. The subject property falls within the Phoebus
Master Plan, (2013, as amended). Copies of documents or information concerning this proposal
may be obtained from the Community Development Department located in City Hall at 22 Lincoln
Street or from Tolu Ibikunle, 757-728-5237 or tibikunle@hampton.gov.
E) Use Permit Application No. 19-00003 . This is a use permit application by Sly Clyde, LLC
requesting live entertainment 2 in conjunction with a micro-brewery/distillery/cidery at 207 E
Mellen Street [LRSN: 12001143] and 3 S Curry Street [LRSN: 12001144]. 207 E Mellen is
currently zoned Phoebus Town (PH-2) District which allows for live entertainment in conjunction
with a micro-brewery/distillery/cidery subject to an approved use permit. 3 S Curry Street is
currently zoned Limited Commercial (C-2) District, which does not permit micro-
brewery/distillery/cidery uses. However, this application is proposed in conjunction with Rezoning
Application No.19-00004, which, if approved, will also place the parcel in PH-2. The Hampton
Community Plan (2006, as amended) recommends mixed use for this site. The subject properties
fall within the Phoebus Master Plan, (2013, as amended). Copies of documents or information
concerning this proposal may be obtained from the Community Development Department located
in City Hall at 22 Lincoln Street or from Tolu Ibikunle, 757-728-5237 or tibikunle@hampton.gov.
VI. Community Development Direct or’s Report
A. Youth Planner Presentation – Will Klotz, Senior Youth Planner
VII. Items by the Public
VIII. Matters by the Commission
IX. Adjournment of Regular Session
Protocol for Public Input at Planning Commission Meetings:
Hampton Planning Commission meetings are open to the public. The public is invited to attend meetings
and to observe the work and deliberations of the Planning Commission. The public may also address the
Planning Commission on public hearing items by signing up to speak. Public hearing sign-up sheets will
be available until the specific item is reached during the course of the meeting. Speakers will be
recognized in the order in which they sign up and are asked to state their name and address, to limit their
comments to 3 minutes, and to avoid repeating comments made by previous speakers.
As a courtesy to others during the meeting,
please turn off cellular telephones or set them to vibrate.
CITY OF HAMPTON
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING & ZONING ADMINISTRATION DIVISION
22 LINCOLN STREET, 5TH FLOOR
HAMPTON, VA 23669
757-727-6140
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