Planning Commission Agendas & Minutes

AT THE WORK SESSION OF THE HAMPTON PLANNING COMMISSION REGULAR MEETING HELD IN THE COMMUNITY DEVELOPMENT DEPARTMENT CONFERENCE ROOM, 5TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, JULY 20, 2023 AT 3:00 P.M. Chair Ruthann Kellum called the meeting to order at 3:03 P.M. A call of the roll noted Commissioners Tracy Brooks, Trina Coleman, Carole Garrison, Hope Harper, Vice-Chair Steven Bond and Chair Ruthann Kellum as being present. Commissioner Michael Harris was noted as absent. Staff in attendance was Secretary to the Commission/Community Development Director Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, Senior Deputy City Attorney Patricia Melochick, Chief Planner Donald Whipple, Resiliency Specialist Olivia Askew, City Planner Urvi Patel, City Planner Davis Pemberton, Management Analyst Taiub Mohammad, Support Services Administrative Coordinator Kristie Graves, and Recording Clerk/Administrative Assistant Laura Walker. The Commission and staff discussed agenda items, with the following information being provided. Introduction and Welcome of New Staff: Vice-Chair Bond introduced Management Analyst Taiub Mohammad, who is working out of the City Manager’s Office. He will be shadowing the Assistant City Manager. Use Permit Application No. 22-00015: This is a use permit application by Mr. Azad Haji to operate a restaurant 3 at 1405 E. Pembroke Avenue [LRSN: 12003335] at the corner of E. Pembroke Avenue and Woodland Road. The restaurant is currently operating but proposes to add live entertainment indoors, which necessitates the use permit. The item was deferred from the June 22, 2023 Planning Commission meeting. One of the updated conditions require security to be DCJS certified. They can be extra-duty HPD officers or DCJS certified security. The condition requiring modifications to the vehicular entrances of the property have not been fulfilled. If approved, staff recommends a condition requiring improvements to these access points occur prior to live entertainment being hosted on-site. Use Permit Application No. 23-00027: This is a use permit application by Antionette Smith to permit a short-term rental at 526 Settlers Landing Road [LRSN: 2003217]. There are current violations on the property that will have to be corrected prior to operating. Staff have received feedback from neighbors opposing the application. Planning Commissioner Resignation: Planning Commissioner Carole Garrison’s last meeting will be August 17, 2023. She is moving to North Carolina. Planning Commission members discussed various related topics including the 2024 VA APA Planning Conference being held in Williamsburg, VA and Planning Commission training. The work session adjourned at 3:28 P.M. Work Session & Public Meeting Minutes 20230720 Page 1 AT THE REGULAR MEETING AND PUBLIC HEARING OF THE HAMPTON PLANNING COMMISSION HELD IN THE CITY COUNCIL CHAMBERS, 8TH FLOOR, CITY HALL, 22 LINCOLN STREET, HAMPTON, VIRGINIA, ON THURSDAY, JULY 20, 2023 AT 3:30 P.M. l. CALL TO ORDER Chair Ruthann Kellum called the meeting to order at 3:36 P.M. II. ROLL CALL A call of the roll noted Commissioners Tracy Brooks, Trina Coleman, Carole Garrison, Hope Harper, Vice-Chair Steven Bond, and Chair Ruthann Kellum as being present. Commissioner Michael Harris was noted as absent. Staff in attendance was Secretary to the Commission/Community Development Director Bonnie Brown, Planning & Zoning Administration Manager Michael Hayes, Zoning Administrator Allison Jackura, Senior Deputy City Attorney Patricia Melochick, Chief Planner Donald Whipple, Resiliency Specialist Olivia Askew, City Planner Urvi Patel, City Planner Davis Pemberton, Support Services Administrative Coordinator Kristie Graves, and Recording Clerk/Administrative Assistant Laura Walker. III-A. MINUTES OF MAY 18, 2023 PLANNING COMMISSION MEETING A motion was made by Commissioner Trina Coleman and seconded by Commissioner Tracy Brooks to approve the minutes of the May 18, 2023 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris III-B. MINUTES OF JUNE 22, 2023 PLANNING COMMISSION MEETING A motion was made by Commissioner Steven Bond and seconded by Commissioner Hope Harper to approve the minutes of the June 22, 2023 Planning Commission meeting, with noted correction to Item II. Roll Call, “A call of the roll noted Commissioner Trina Coleman as present.” A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris IV. PUBLIC HEARING ITEMS Secretary Bonnie Brown read the key points of the Hampton Planning Commission Public Hearing/Comment. Ms. Brown read the public hearing notice on the first agenda item. Work Session & Public Meeting Minutes 20230720 Page 2  A. RZ 22-00006 – LANGLEY STORAGE ASSOCIATES, LLC, 16, 18, & 20 POTTER LANE [LRSN: 6000829, 6000830, AND 6000828, RESPECTIVELY], ONE FAMILY RESIDENTIAL (R-9) DISTRICT AND GENERAL COMMERCIAL (C-3) DISTRICT TO LANGLEY FLIGHT APPROACH MIXED USE & MANUFACTURING (LFA-2) DISTRICT Rezoning Application No. 22-00006: This is a rezoning application by Langley Storage Associates, LLC to rezone +/-15.17 acres at 16, 18, & 20 Potter Lane [LRSN: 6000829, 6000830, 6000828] from One Family Residential (R-9) District and General Commercial (C-3) District with conditions to Langley Flight Approach Mixed-Use & Manufacturing (LFA-2) District with conditions. The Hampton Community Plan (2006, as amended) recommends business/industrial use for this site. This application was deferred from the June 22, 2023 Planning Commission meeting. Chief Planner Donald Whipple presented the staff report on the subject application, a copy of which is attached to the original minutes. Staff recommends approval of Use Permit Application No. 22-00006 with seven (7) conditions. The applicant hosted a community meeting on June 20, 2023. The applicant was available to respond to questions on the subject application. In response to a question from Commissioner Hope Harper, Mr. Whipple responded that the facility would be accessible 24/7 via key fob. There are specific business hours when the office is open. In response to questions from Commissioner Carole Garrison, Mr. Whipple clarified that the proposed concept plan in the presentation is proffered; therefore, any proposed changes would have to be developed in substantial conformance with the plan. Substantial changes would require an amendment to the proffer. The area south of the black line on the concept plan would be preserved. The applicant is proposing to do enhanced landscaping outside of the buffer to aid in stormwater flow. There is a stormwater facility that would capture all of the runoff and treat it before it exits the site. The applicant is requesting storage facility 3 for recreational vehicle storage only and not regular vehicle storage. If the applicant wished to store regular vehicles, they would have to submit an additional use permit application In response to questions from Commissioner Trina Coleman, Mr. Whipple explained that 20 Potter Lane is currently being used for a self-storage facility. The parcel does not have to be rezoned for the applicant to continue the current use. Because of the City’s agreement with Langley Air Force Base, it is the City’s goal to rezone properties in this area to a Langley Flight Approach zoning district. Staff recommended the applicant rezone all three parcels under the same zoning district. It is to the applicant’s benefit to have all of the parcels under one zoning district, LFA-2 which permits storage facility 3. There are other uses under the LFA-2 zoning district which falls into the category of being land intensive but non-people intensive. In response to a question from Chair Kellum, Mr. Whipple answered that the current owner of 20 Potter Lane also owns 16 and 18 Potter Lane. Potter Lane is a private street which touches four primary properties. The land is currently owned by the City of Hampton. There is no proposed use of the property. The four property owners have direct access to N. Armistead Avenue and do not need to use Potter Lane. In these instances, there really is not a difference if you use gravel pavement or asphalt pavement for stormwater infiltration. In these types of incidences, staff would prefer the site be asphalt paved and marked with lines for parking. Gravel would be more difficult to enforce where the specific parking spaces are. Work Session & Public Meeting Minutes 20230720 Page 3  Chair Kellum noted that with regard to the City’s efforts towards resiliency, requiring asphalt paving for these types of projects seems contrary to what we are trying to accomplish. The applicant, Craig Allen, Managing Partner of Langley Storage Associates, was available to respond to questions and provide further information on the subject application. Mr. Allen thanked the Department for a complete job. There is a huge demand for this type of services in the City. If the application is approved, during the site plan approval process, they will have an extensive engineered stormwater management plan. There will be a combination of underground and above ground structures to manage the stormwater. Rita Bradford was signed up to speak but intended to speak on another public hearing item. Robert Moore is opposed to the application, citing concerns that the proposed project will have a negative impact on the environment. In response to a suggestion from Chair Kellum, Mr. Moore stated that he had met with the developer regarding his concerns. Mr. Moore added that he would like to work with the City and developers In response to a question from Commissioner Garrison, Mr. Whipple acknowledge that when the applicant purchased the property, on the 16 and 18 Potter Lane parcels, there were infrastructure items in the buffer. In the process of removing the existing debris, the applicant was unknowingly causing harm to the buffer area. The applicant ceased removal of the debris so as not to further impact the buffer area. In response to a question from Commissioner Coleman, Ms. Brown stated that she is not aware of any violations stemming from the applicant’s clean up of the property and area. The item can be deferred if the Planning Commission would like staff to investigate the concern mentioned by the public speaker. The Code Enforcement team check the site for any violations. Mr. Allen commented that his team hired a contractor to remove some of the salvage on the site. Once it was realized that the contractor was causing more damage, they stopped the contractor immediately. The City’s Environmental Department walked through the site with the applicant. Mr. Allen offered to complete any necessary mitigation. In response to a question from Commissioner Garrison, Ms. Brown responded that it seems that an inspector went out to inspect the property but she currently does not have further information regarding the inspection. A deferral of the item may be the best time solution. A motion was made by Commissioner Trina Coleman and seconded by Commissioner Carole Garrison to defer Use Permit Application No. 22-00006 to the August 17, 2023 Planning Commission meeting. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris Ms. Brown read the public hearing notice on the next agenda item. Work Session & Public Meeting Minutes 20230720 Page 4  B. UP 22-00015 – MR. AZAD HAJI, 1405 E. PEMBROKE AVENUE [LRSN: 12003335], RESTAURANT 3 Use Permit Application No. 22-00015: This is a use permit application by Mr. Azad Haji to operate a restaurant 3 at 1405 E. Pembroke Avenue [LRSN: 12003335] at the corner of E. Pembroke Avenue and Woodland Road. The restaurant is currently operating but proposes to add live entertainment indoors, which necessitates the use permit. The property is zoned Limited Commercial (C-2), Neighborhood Commercial (C-1) and One Family Residential (R-9) with the restaurant and associated parking located within the C-2 and C-1 districts. The Hampton Community Plan (2006, as amended) recommends commercial land use in this area. This application was deferred from the June 22, 2023 Planning Commission meeting. Planning & Zoning Administration Manager Michael Hayes presented the staff report on the subject application, a copy of which is attached to the original minutes. Staff recommends approval of Use Permit Application No. 22-00015 with fourteen (14) conditions. The conditions for site access and lighting have not been met since the approval of the previous use permit. The applicant was available to respond to questions on the subject application. In response to a question from Vice-Chair Steven Bond, Mr. Hayes responded that if this particular use permit is not approved and the lighting condition is not met, it can be cause to revoke the current use permit the restaurant is operating with. Typically, staff would notify the business owner before the use permit is revoked to give them an opportunity to take corrective action. If they do not, the use permit could be revoked. In response to questions from Commissioner Harper, Mr. Hayes stated that he did not have the expiration date for the ABC license. Staff does not give a hard deadline to fulfill the conditions on the previous use permit. The restaurant cannot operate live entertainment at all until both conditions have been satisfied. Ms. Brown added that staff normally allows 30 days once an applicant is on notice to satisfy a condition. The notice is typically in a letter form, but in the forum of a public hearing, the applicant is on notice. If the applicant is working with staff to correct, the time can be extended. If they are not working with staff, it would result in formal enforcement action. In response to questions from Commissioner Garrison, Mr. Hayes stated that if the applicant does not address the entry closure, he would also be in violation of the current use permit. Also, condition #9 states that the loss of the applicant’s ABC license would be cause for revocation. Ms. Melochick stated added that compliance with ABC license means that if you don’t have an ABC license, you don’t do it. The applicant, Azad Haji, was available to respond to questions and provide further information on the subject application. Mr. Haji thanked Mr. Hayes for a good presentation. Mr. Haji stated that the two conditions are pretty easy fixes and could be completed within 30 days. He added that he would like to meet with the City to receive their recommendations for the pavement and the lighting. Mr. Bond remarked that he really appreciates Mr. Haji for the improvements done to the restaurant. He is very excited about bringing a diverse mix of entertainment to the space. He also shared concerns regarding the two conditions not being met two years after approval of the first Work Session & Public Meeting Minutes 20230720 Page 5 use permit application. He understands that Mr. Haji has been in communication with the City concerning the best solution for the parking lot entrances. Mr. Bond added that the City appreciates the business and wants Mr. Haji to be successful, however it is important that he comply with all of the conditions. Staff needs to be as diligent about making sure that all of the condition are followed. In response to Mr. Bond’s comment, Mr. Haji commented that he takes it very seriously and will make sure the conditions are addressed. In response to a question from Chair Kellum, Mr. Haji stated that he has worked with Mr. Hayes for a couple of years, and also met with Ms. Brown. He will contact either to assist. Ms. Kellum stated that her concern is the traffic that cuts through the property because of the access. Mr. Haji remarked that it is not that they do not want to comply with the conditions, they are trying to figure out the best way to do it and they are looking at different options. Commissioner Garrison stated that Mr. Haji had an issue with management for the first use permit and staff worked with him. She added that she and Chair Kellum were more concerned with the parking, because they were almost hit in the parking. The conditions are not a suggestion, and need to be taken very seriously. In response to a question from Commissioner Brooks, Mr. Hayes stated that there is a security requirement in the previous use permit; however, the certification requirement is new to this use permit. There are some additional details that are usual conditions for a use permit of this type, such as making sure there is a counter at the front door. In response to a question from Chair Kellum, Mr. Hayes explained that staff has had multiple discussions with the Hampton Police Division (HPD). HPD has pulled the data from when the use permit was approved two years ago. Some incidents that have occurred are isolated incidents, such as vehicle break-ins. The incidents have not reached the limit where staff would recommend denial of the use permit application. Hampton Police Division Corporal Colgan Wilson provided a brief breakdown of the crime statistics and information related to the subject application. Laura Culver is opposed to the subject application citing concerns with noise and using the neighboring parking lot as overflow parking. Ms. Culver has a petition with signature from neighbors opposed to the location. David Caliper is opposed to the subject application citing concerns with parking. Mr. Caliper provided a petition with signatures from neighbor opposed to the location. Malcolm Lott did not wish to speak at the public hearing. Commissioner Coleman remarked that Jacks, which the public speaker mentioned, nor another previous was required to close off the entrances. Ms. Coleman also noted that all businesses have clients that are rowdy. Commissioner Garrison commented that she was very impressed with the improvements made at the location. She also thanked Mr. Haji for being a good owner and calling the police when there was a problem at the location. Work Session & Public Meeting Minutes 20230720 Page 6  Vice-Chair Bond commented that he is concerned with the grace the applicant has been given and that he still has not fully complied with the conditions. Chair Kellum commented that she has concerns with the security at the establishment and enforcement. Ms. Melochick stated that the Planning Commission vote resulted in a tie vote. The Commission’s charge as a board is to make a decision; however, if they are not able to come to a decision, the item will be forwarded to City Council no recommendation from the Planning Commission. Ms. Brown noted that the Commission can make a motion to deny the application but it seemingly will result in a tie vote. A Commissioner can also approve the use permit with different conditions. Because the seventh member is absent from the meeting, the item can be forwarded to City Council without a recommendation. A motion was made by Commissioner Trina Coleman and seconded by Commissioner Carole Garrison to approve Use Permit Application No. 22-00015 with fourteen (14) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison NAYS: Harper, Bond, Kellum ABSTAIN: None ABSENT: Harris The motion to approve Use Permit Application No. 22-00015 with fourteen (14) resulted in a tie vote. The item will be forwarded to Hampton City Council with no recommendation from the Planning Commission. At Chair Kellum’s request, the Planning Commission agreed to adjust the order of the agenda to allow the Youth Planner Report to be presented before the remaining public hearing items, in light of the remaining items on the agenda. V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT A. YOUTH PLANNER PRESENTATION Junior Youth Planner Iyanna Hollis presented the Youth Planner Report for the Hampton Youth Commission (HYC). The Hampton Youth Commission has recruited 11 new Commissioners for the 2023-2023 school year. Their time will officially begin on July 24th and will be formally introduced in September’s Youth Planner Report. Upcoming Events & Meetings: • July 24th – 26th – Bootcamp, Foxhill Neighborhood Center • August 7th – 9th – Retreat, Foxhill Neighborhood Center Chair Kellum thanked Ms. Hollis for the presentation. Work Session & Public Meeting Minutes 20230720 Page 7  Commissioner Coleman jokingly asked Ms. Hollis if she can do the Short-Term Rental presentation. Ms. Brown explained that in an effort to avoid redundancy, staff will present the applications in relevant groups. Staff will present the relevant policies in one combined presentation, followed by each separate application. Each applicant will have the opportunity to speak; a separate motion and vote must be made for each individually. Ms. Brown read the public hearing notice on the next five agenda items regarding short- term rental use permit applications. SHORT-TERM RENTAL USE PERMIT APPLICATIONS WITHIN THE BUCKROE MASTER PLAN BOUNDARIES City Planner Urvi Patel presented the joint presentation for the short-term rental use permits within the Buckroe Master Plan Areas. C. UP 23-00011 – FUM PROPERTIES, LLC, 136 S. SECOND STREET [LRSN: 13004183], SHORT- TERM RENTAL Use Permit Application No. 23-00011: This is a use permit application by FUM Properties, LLC to permit a short-term rental (STR) at 136 S Second Street [LRSN: 13004183]. The property is zoned Buckroe Bayfront Single Family Residential (BB-1) which permits a short-term rental subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed use for this site. The property is also within the Buckroe Master Plan (2005, as amended) area, which supports primarily residential mixed-use in this area. Staff recommends approval of Use Permit Application No. 23-00011 with fifteen (15) conditions. Michael Tardy, representing FUM Properties, was available to respond to questions and provide further information on the subject application. In response to questions from Commissioner Coleman, Mr. Tardy stated that the property is currently being rented. The number of rentals per month vary. The months of June and July are mostly booked full time. In responses to a question from Chair Kellum, Mr. Tardy responded that FUM Properties, LLC has only one property in the City. George Ceka, representing the Buckroe Bayfront Homeowners’ Association, opposes the subject application citing concerns with property valuation, safety issues, and the constant flow of people. Commissioner Garrison commented that the rules are stricter on short-term rental properties than long-term rentals. It is difficult to get someone out in a long-term rental. People speak derogatory about short-term rentals and not every one is the worst imagined. There being no further questions or speakers, the Planning Commission approved the following resolution: Work Session & Public Meeting Minutes 20230720 Page 8 WHEREAS: the Hampton Planning Commission has before it this day a use permit application by FUM Properties, LLC to permit a short-term rental in the Buckroe Bayfront Single Family Residential (BB-1) District; WHEREAS: the parcel is located at 136 S Second Street [LRSN: 13004183] and zoned BB-1 District; WHEREAS: the property is currently operating as a short-term rental and has no active complaints or pending enforcement actions; WHEREAS: the Hampton Community Plan (2006, as amended) recommends mixed use for this property. The Plan defines mixed use as development of two or more compatible land uses and densities as the primary uses within one parcel, building structure, or the same block; WHEREAS: the Buckroe Master Plan (2005, as amended) recommends a mix of public improvements and private development initiatives in the blocks surrounding Buckroe Beach and Park; WHEREAS: fifteen (15) proposed conditions include a limit on overnight lodging capacity, parking requirements, posting of additional information inside of the dwelling, designation of a responsible local person (RLP), a ledger with guest information, events and gatherings restrictions, inspection stipulations, advertising requirements, and compliance with Hampton City Code; WHEREAS: City staff recommends approval of this use permit application; and WHEREAS: one citizen expressed opposition to the land use application based on property value concerns. NOW, THEREFORE, on a motion by Vice-Chair Steven Bond and seconded by Commissioner Carole Garrison, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Rezoning Application No. 23-00011 with fifteen (15) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris Chair Kellum commented that the restrictions the City has come to regarding the short- term rentals was collected from meetings with staff, Commissioners, City Council and citizens input to try to come up with an amenable situation. D. UP 23-00013 – ANTIONIQUE & TWAITNEY ADDISON, 404 N. SECOND STREET [LRSN: 12007147, SHORT-TERM RENTAL Use Permit Application No. 23-00013: This is a use permit application by Antionique & Twaitney Addison to permit a short-term rental (STR) at 404 N Second Street [LRSN: Work Session & Public Meeting Minutes 20230720 Page 9  12007147]. The property is zoned Two Family Residential (R-8) District which permits a short-term rental subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends medium density residential for this site. The property is also within the Buckroe Master Plan (2005, as amended) area, which supports this area as a primarily residential neighborhood. Staff recommends approval of Use Permit Application No. 23-00013 with fifteen (15) conditions. In response to questions from Commissioner Coleman, Mr. Pemberton responded that the complaint was regarding the property being operated as a short-term rental. There was not a specific incident that prompted the complaint. Codes Inspectors could not verify if the house was being operated as a short-term rental. In the recommended conditions, there is a requirement for two parking spaces. There is not a lot of room in the front yard. Staff is recommending that additional parking be provided in the rear yard. In response to questions from Commissioner Garrison, Mr. Pemberton explained that there is one parking space in the front yard of the home. Based on the floor plan of the house, they are required to have two parking spaces. On-street parking or parking in the right-of-way is not counted in the parking for this address. Mr. Pemberton pointed out the parking space for the subject application. In response to a question from Commissioner Coleman, Mr. Pemberton stated that the short-term rental is required to have 2 parking spaces. There is a parking space in the front of the house, and the property could accommodate a parking pad in the back. Ms. Brown explained that the conditions require that a driveway or driveway addition meet the standards and capable of accommodating two vehicles. The driveway or driveway addition must be installed and inspected prior to operating as a short-term rental. If the driveway space is not sufficiently impervious according to the inspection, a recommendation can be made prior to going to City Council. In response to a question from Chair Garrison, Ms. Brown stated that the Planning Commission can amend the conditions. In response to a comment from Vice-Chair Bond, Ms. Brown explained that staff initially intended the condition to require a driveway to the back with an additional space. The condition also states that the driveway or driveway addition shall meet the standards prior to operating. The driveway would have to pass an inspection prior to operation. Ms. Melochick added that the condition requires that on-site parking be on an improved surface. All condition would have to be met prior to operating as a short-term rental. In response to a question from Commissioner Coleman, Ms. Melochick confirmed that the applicant stated they would have the driveway in place within 30 days. The applicants cannot operate until the driveway repairs are completed. Kathy Rogers is opposed to the subject application. Ms. Rogers supports short-term rentals but is concerned with oversaturation of short-term rentals in her community. In response to a question from Commissioner Coleman, Ms. Brown confirmed that the conditions require two parking spaces on-site on an improved surface. The applicant cannot operate until they comply with the condition. Work Session & Public Meeting Minutes 20230720 Page 10  Vice-Chair Bond thanked Ms. Rogers for her comments. They were very well-reasoned and thought-provoking. Senior Deputy City Attorney Patricia Melochick responded that the density issue surrounding short-term rentals is being actively researched. 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 use permit application Antionique Addison & Twaitney Addison to permit a short-term rental; WHEREAS: the parcel is located at 404 N Second Street [LRSN: 12007147]; WHEREAS: the property is operating as a short-term rental and has no active complaints or open violations; WHEREAS: the property is zoned Two Family Residential (R-8) District; WHEREAS: the Hampton Community Plan (2006, as amended) recommends medium-density residential land use for this property. The Plan defines medium density residential as older neighborhoods and residential areas around districts that are dominated by single family units on relatively small lots; WHEREAS: the Buckroe Master Plan (2005, as amended) sets forth guiding principles that call for low-scaled beach-oriented housing and supporting the unique coastal character of the architecture in Buckroe; WHEREAS: fifteen (15) proposed conditions include overnight lodging capacity, parking requirements, additional posing of information inside of the dwelling, responsible local person (RLP) requirements, ledgers, events and gatherings restrictions, inspection stipulations, advertising requirements, and compliance with Hampton City Code; WHEREAS: City staff recommends approval of this use permit application; WHEREAS: Commissioners Trina Coleman and Carole Garrison had questions regarding the driveway and conditions related to the proposed driveway improvement(s); and WHEREAS: one member of the public spoke in opposition of this application due to concerns of oversaturation of short-term rentals in the Buckroe community. NOW, THEREFORE, on a motion by Vice-Chair Steven Bond and seconded by Commissioner Hope Harper, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 23-00013 with fifteen (15) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None Work Session & Public Meeting Minutes 20230720 Page 11  ABSTAIN: None ABSENT: Harris E. UP 23-00029 – BLOSSOM BY THE SEA, LLC, 406 N. SECOND STREET [LRSN: 12007148], SHORT-TERM RENTAL Use Permit Application No. 23-00029: This is a use permit application by Blossom by the Sea, LLC to permit a short-term rental (STR) at 406 N Second Street [LRSN: 12007148]. The property is zoned Two Family Residential (R-8) District which permits a short-term rental subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends medium density residential for this site. The property is also within the Buckroe Master Plan (2005, as amended) area, which supports this area as a primarily residential neighborhood. Staff recommends approval of Use Permit Application No. 23-00029 with fifteen (15) conditions. Terry Skawski, the applicant, was available to respond to questions and provide further information on the subject application. In response to a question from Chair Kellum, Ms. Skawski lives at the property for three months out of the year. In response to a question from Commissioner Garrison, Ms. Skawski states that she has a responsible local person who will respond if needed. 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 use permit application by Blossom by the Sea, LLC to permit a short-term rental in the Two Family Residential (R-8) District; WHEREAS: the parcel is located at 406 N Second Street [LRSN: 12007148] and zoned R-8 District; WHEREAS: the property is not currently operating as a short-term rental and has no active complaints or pending enforcement actions; WHEREAS: the Hampton Community Plan (2006, as amended) recommends medium density residential land use for this property. The Plan defines medium density residential as older neighborhoods and residential areas around districts that are dominated by single family units on relatively small lots; WHEREAS: the Buckroe Master Plan (2005, as amended) sets forth guiding principles that call for low-scaled beach-oriented housing and supporting the unique coastal character of the architecture in Buckroe; WHEREAS: fifteen (15) proposed conditions include a limit on overnight lodging capacity, parking requirements, posting of additional information inside of the dwelling, designation of a responsible local person (RLP), a ledger with guest information, Work Session & Public Meeting Minutes 20230720 Page 12  events and gatherings restrictions, inspection stipulations, advertising requirements, and compliance with Hampton City Code; and WHEREAS: City staff recommends approval of this use permit application. NOW, THEREFORE, on a motion by Vice-Chair Steven Bond and seconded by Commissioner Carole Garrison, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 23-00029 with fifteen (15) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris SHORT-TERM RENTAL USE PERMIT APPLICATIONS WITHIN THE DOWNTOWN MASTER PLAN BOUNDARIES City Planner Davis Pemberton presented the joint presentation for the short-term rental use permits within the Downtown Master Plan Areas. F. UP 23-00027 – ANTIONETTE SMITH, 526 SETTLERS LANDING ROAD [LRSN: 2003217], SHORT-TERM RENTAL Use Permit Application No. 23-00027: This is a use permit application by Antionette Smith to permit a short-term rental (STR) at 526 Settlers Landing Road [LRSN: 2003217]. The property is currently zoned Downtown Business (DT-1) District which permits a short-term rental subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends mixed-use for this site. The property is also within the Downtown Hampton Master Plan (2017, as amended) area, which supports this area as a primarily residential neighborhood. Staff recommends approval of Use Permit Application No. 23-00027 with fifteen (15) conditions. In response to a question from Commissioner Harper, Ms. Brown explained that staff cannot prevent someone from applying for a use permit, but the Planning Commission can consider if there is an active violation. As Mr. Pemberton mentioned, City staff has been in contact with the applicant and they are working to remedy the violation; therefore, staff is continuing with the use permit application. In response to a question from Chair Kellum, Ms. Brown stated that regardless of the approval of the use permit for short-term rental, the homeowner has to comply with all building code, property maintenance and zoning requirements. If the person sold the property, the new owner would have to remedy the violation. Betty Copling, the applicant’s representative, was available to respond to questions and provide further information on the subject application. Work Session & Public Meeting Minutes 20230720 Page 13  In response to a question from Commissioner Garrison, Ms. Copling responded that her daughter inherited the two violations on the property. In response to a question from Commissioner Coleman, Ms. Copling spelled out her last name. Ms. Coleman stated that she is related to the applicant. Ms. Brown clarified that there were two violations on the property; one has been corrected. Eric Conley is opposed to the subject application citing concerns with parking, lighting and security. In response to a question from Commissioner Harper, Mr. Conley stated that he has not had any direct trouble with the people who have been renting the address. Mr. Conley states that one of the renters claimed that his wife was taking pictures of license plates. He does not know if there have been any parties at the address. In response to a question from Commissioner Garrison, Mr. Conley shared the online VRBO rental listing. In response to a question from Chair Kellum, Mr. Conley confirmed that the property was purchased in May. While construction has been going on, people have been renting house. In response to a question from Commissioner Coleman, Mr. Conley stated that the VRBO listing was printed out the day before. The price changes each day. Commissioner Coleman commented that it is likely that an algorhythm changes the daily prices. She also stated that the homeowner may have surveillance on the home because she wants to make sure the property is covered and that nothing happens to the house. Mr. Conley commented that the camera is pointed into his house. Commissioner Garrison remarked that surveillance cameras were used at a cat sanctuary to make sure that the cats were not being harmed. In response to a question from Commissioner Garrison, Ms. Melochick responded that research would need to be done regarding cameras being used as surveillance. If the surveillance camera use is a concern, the item can be deferred to allow time for research. There are privacy laws with regard to surveillance and taking pictures of people’s property. In response to a question from Commissioner Garrison, Mr. Pemberton stated that the condition specifies the capacity allowed in the short-term rental during specific timeframes. In the future, the City will utilize host compliance software to ensure that the listing is compliant with all conditions that it is approved for. Ms. Brown added that one of the conditions requires the operators to advertise consistent with their use permit conditions. If the advertisement is different from what the use permit condition states, a violation can be issued. In response to the public speaker’s comments, Ms. Copling responded the previous owner of the house operated the house as an Airbnb. Ms. Copling explained an altercation between her husband and the neighbor. In response to a question from Commissioner Coleman, Ms. Melochick responded that Ms. Coleman has not established the relationship with the applicant but did indicate on the record Work Session & Public Meeting Minutes 20230720 Page 14 that she cannot vote on the item. If there is a relationship with the applicant, it is best to abstain from voting on the item and indicate on the record what the relationship is. Commissioner Coleman noted that she will abstain from voting on the subject application. She is related to the applicant; applicant’s father is Commissioner Coleman’s father’s nephew. There being no further questions, the Planning Commission approved the following resolution: WHEREAS: the Hampton Planning Commission has before it this day a use permit application Antoinette Smith to permit a short-term rental; WHEREAS: the parcel is located at 526 Settlers Landing Road [LRSN: 2003217]; WHEREAS: the property is not currently operating as a short-term rental and has no active complaints; WHEREAS: the property does currently have one (1) open violation related to new impervious surface being added without the necessary permit(s), which the property owner is currently working towards remedying; WHEREAS: the property is zoned Downtown Business (DT-1) District; WHEREAS: the Hampton Community Plan (2006, as amended) recommends medium-density residential land use for this property. The Plan defines medium density residential as older neighborhoods and residential areas around districts that are dominated by single family units on relatively small lots; WHEREAS: the Downtown Hampton Master Plan (2017, as amended) does not specifically address this property or the proposed use, but does place an emphasis on Downtown becoming a regional and vibrant neighborhood. The property is located in the Franklin Street & Salters Creek Landing initiative area which is supported as a primarily residential neighborhood; WHEREAS: fifteen (15) proposed conditions include overnight lodging capacity, parking requirements, additional posing of information inside of the dwelling, responsible local person (RLP) requirements, ledgers, events and gatherings restrictions, inspection stipulations, advertising requirements, and compliance with Hampton City Code; WHEREAS: City staff recommends approval of this use permit application; WHEREAS: an individual representing the applicant spoke on the applicant’s behalf to the Planning Commission about the proposed use; and WHEREAS: one member of the public spoke in opposition of this application due to concerns of lighting, parking, and security. NOW, THEREFORE, on a motion by Commissioner Carole Garrison and seconded by Commissioner Hope Harper, Work Session & Public Meeting Minutes 20230720 Page 15 BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 23-00027 with fifteen (15) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: Coleman ABSENT: Harris SHORT-TERM RENTAL USE PERMIT APPLICATIONS NOT WITHIN A MASTER PLAN BOUNDARY City Planner Davis Pemberton presented the joint presentation for short-term rental use permits not within a Master Plan Boundary. G. UP 23-00002 – OTIS SCOTT JR, 28 CASTLE HAVEN ROAD [LRSN: 13000709], SHORT-TERM RENTAL Use Permit Application No. 23-00002: This is a use permit application by Otis Scott Jr. to permit a short-term rental (STR) at 28 Castle Haven Rd [LRSN: 13000709]. The property is currently zoned One-Family Residential (R-11) which permits a short-term rental subject to an approved use permit. The Hampton Community Plan (2006, as amended) recommends low-density residential for this site. Staff recommends approval of Use Permit Application No. 23-00002 with fifteen (15) conditions. Otis Scott, Jr., the applicant was available to respond to questions and provide further information on the subject application. In response to a question from Commissioner Garrison, Mr. Scott stated that he would be local, about five minutes away. Alexander Strawn is opposed to the subject application citing concerns with property values, decrease of housing stock and safety. Edwin McCusson is opposed to the subject application citing concerns with security and allowing short-term rentals in a residential neighborhood. Mary Wallace is opposed to the subject application citing concerns with safety, security and parking. In response to a question from Commissioner Garrison, Ms. Brown responded that the State has allowed localities to use their local governing authority to regulate short-term rentals. Localities are not currently required to allow them, nor is the State telling localities how to regulate them. Last year, the City of Hampton moved to adopt the use permit requirement for short-term rentals. There were bills being considered by the General Assembly that would have taken the authority away or strictly limited the localities’ authority with regard to short-term rentals. The State has not limited the local authority to regulate short-term rentals. In response to a comment from Commissioner Garrison, Ms. Melochick explained that Virginia being a Dillon Rule state, which means that the localities cannot do anything that the Work Session & Public Meeting Minutes 20230720 Page 16 state is not permitting them to do. The State is not saying that you have to do something, but it is saying that if you do it, it must be done the way the State determines. Localities are restricted by what the State tells us. In response to a question from Commissioner Garrison, Ms. Melochick responded that an HOA private declaration can stop a short-term rental. Conditions can be imposed by HOAs to prohibit short-term rentals in their HOA. That is a private matter between the homeowner and the HOA. It is on the HOA to enforce the regulations that they see fit. Commissioner Coleman remarked that short-term rentals are a very sensitive matter. The Planning Commission makes recommendations to City Council and does not decide what is going to happen in the neighborhoods. The Planning and Zoning team does their due diligence to ensure that it is a suitable property and is in compliance. It is difficult to disappoint or do something that they feel is not in their best interest. The City is trying to do what is best for everyone. Ruth Cunningham is opposed to the subject application citing concerns with safety and allowing short-term rentals in a residential neighborhood. She did not receive a notice of the public hearing. In response to Ms. Cunningham’s questions, Ms. Brown introduced City Planners Urvi Patel and Davis Pemberton. Ms. Brown explained that the City is required by law to place a notice of the public hearing in the newspaper which runs for two consecutive weeks, notify via postcard immediately adjacent properties within 1/10 mile, and place signage on the subject property. Staff will look into why neighbors within 1/10 mile did not receive a postcard notice. The Department is in the process of obtaining new signs to replace the signs that may be worn by the weather. Shandra Oaks-Garcia is opposed to the subject application citing concerns with safety and allowing short-term rentals in a residential neighborhood. She did not receive a notice of the public hearing. Jean Cherry is opposed to the subject application citing concerns with property value, parking, safety, and allowing short-term rentals in a residential neighborhood. James Stubblefield is opposed to the subject application citing concerns with allowing short-term rentals in a residential neighborhood. Ms. Brown confirmed that the notification postcards did not go out to the adjacent properties. The item will need to be deferred and re-advertised for the August 17, 2023 Planning Commission Meeting. Chair Kellum closed the public hearing. Chair Kellum commented that citizens in a community need to be active, involved, and aware of what is going on. A motion was made by Commissioner Trina Coleman and seconded by Commissioner Tracy Brooks to defer Use Permit Application No. 23-00002 to the August 17, 2023 Planning Commission meeting. A roll call vote on the motion resulted as follows: Work Session & Public Meeting Minutes 20230720 Page 17  AYES: Brooks, Coleman, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris Vice-Chair Bond remarked that the item was deferred and will be back before the Planning Commission. He appreciates the public input and ask that people be respectful of the hearing. Please abide by the time limit and refrain from speaking out and cheering while people are speaking. Ms. Brown read the public hearing notice on the last agenda item. H. UP 23-00033 – KIM DEBNAM-TATUM, 1525 POWER PLANT PARKWAY [LRSN: 1001051], DAY CARE 2 Use Permit Application No. 23-00033: This is a use permit application by Kim Debnam-Tatum to permit a day care 2, commercial at 1525 Power Plant Parkway [LRSN: 1001051]. The subject site is zoned One-Family Residential (R-13) District, which permits a day care 2, commercial with an approved use permit. The Hampton Community Plan (2006, as amended) recommends low density residential use for this property. Chief Planner Donald Whipple presented the staff report on the subject application, a copy of which is attached to the original minutes. Staff recommends approval of Use Permit Application No. 23-00033 with ten (10) conditions. The applicant was available to respond to questions and provide further information on the subject application. In response to a question from Commissioner Harper, Mr. Whipple responded that the applicant is planning for 30 children. Because of the number of bathrooms in the space, she can increase the number of children. In response to a question from Chair Kellum, Mr. Whipple confirmed that there was once a day care at the location. New Life Church ran a day care and a private school. There was a use permit for the private school. Because the day care was auxiliary to the church, it was allowed by-right and did not need a use permit. Both operations have been ceased for more than two years. In response to a question from Commissioner Garrison, Mr. Whipple explained that the location is well suited for a day care. There is an outdoor area with playground. Kim Debnam-Tatum, the applicant, was available to respond to questions and provide further information on the subject application. In response to a question from Chair Kellum, Ms. Debnam-Tatum responded that she is not operating the day care as part of the church. She is leasing space as an independent business. There being no further questions, the Planning Commission approved the following resolution: Work Session & Public Meeting Minutes 20230720 Page 18 WHEREAS: the Hampton Planning Commission has before it this day a use permit application by Kim Debnam-Tatum, as the sole member of Empowering Future Leaders Academy LLC, to permit a day care 2, commercial at 1525 Power Plant Parkway [LRSN: 1001051]; WHEREAS: the applicant is proposing to operate a day care facility that would utilize approximately 8,000 square feet of space within an existing church, consisting of three (3) classrooms, kitchen, and a large multipurpose room. The day care would be for up to 30 children, between the ages of 30 months and a day to 8 years old, and up to seven (7) employees. The applicant’s proposed hours of operation are 7 AM to 6PM; WHEREAS: the property is zoned One Family Residential (R-13) District, which allows for the requested use, subject to an approved use permit; WHEREAS: the Hampton Community Plan (2006, as amended) recommends public/semi- public use for the subject property; WHEREAS: there are ten (10) recommended conditions based upon the proposed use’s operational and land use characteristics, including limiting the area of the building for the day care to the designated area, hours of operation; unloading and loading of vehicles; maximum capacity; minimum age of children; and state licensing and compliance with all relevant laws; WHEREAS: City staff recommends approval of this use permit application; and WHEREAS: no one from the public spoke to this application. NOW, THEREFORE, on a motion by Commissioner Tracy Brooks and seconded by Commissioner Hope Harper, BE IT RESOLVED that the Hampton Planning Commission recommends to City Council approval of Use Permit Application No. 23-00033 with ten (10) conditions. A roll call vote on the motion resulted as follows: AYES: Brooks, Garrison, Harper, Bond, Kellum NAYS: None ABSTAIN: None ABSENT: Harris, Coleman Chair Kellum thanked staff for their hard work and streamlining the presentations and public hearing process. V. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT B. BRIEFING ON RESILIENT HAMPTON DOWNTOWN, PHOEBUS, AND BUCKROE WATER PLAN Due to the late hour, the Commission requested the Water Plan Presentation be forwarded to the members. Resiliency Specialist Olivia Askew will send the link to the City Council Briefing on the Water Plan. The Planning Commission will be voting on the matter. Work Session & Public Meeting Minutes 20230720 Page 19 VI. ITEMS BY THE PUBLIC There were no items by the Public. VII. MATTERS BY THE COMMISSION Chair Kellum thanked everyone for their hard work and patience. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 7:09 P.M. Respectfully Submitted, APPROVED BY: Work Session & Public Meeting Minutes 20230720 Page 20