Title
Consider Revocation of the Use Permit Issued to Southern Comfort Restaurant and Lounge for a Restaurant 3 in the Limited Commercial (C-2) Coliseum Central Overlay (O-CC) Districts, located at 2163 and 2165 Cunningham Drive [Portion of LRSN: 7001532] Due to Violations of Conditions contained in the Use Permit
Purpose
Background Statement:
On March 11, 2026, City Council approved Use Permit Application No. 26-0039 to operate a Restaurant 3 at 2163 and 2165 Cunningham Drive [Portion of LRSN: 7001532], the “Location”, subject to fourteen (14) conditions. Specifically, the Restaurant 3 use was granted to modify security requirements for the establishment as approved in the previous Use Permit Application No. 25-0285, which was granted in December 10, 2025.
The use permit was granted, subject to fourteen (14) conditions based upon the proposed use’s operational and land use characteristics. Highlighted conditions include limitations on the hours of operation, location of Live Entertainment, security, ABC licensing, compliance with laws, window transparency, expiration, and revocation. Pursuant to City of Hampton Zoning Ordinance§ 14-11 and Virginia Code§ 15.2-2309(7), the Hampton City Council, upon recommendation from the Planning Commission, may revoke a use permit for any violation of a term or condition of the use permit, and for repeated continuing violations of the Zoning Ordinance or the Hampton City Code. The City has information demonstrating that violations of the Use Permit have occurred in the following areas: security, criminal activity, compliance with laws, and window transparency.
Based upon multiple violations of the use permit conditions as outlined above as well as the public safety and welfare concerns associated with the recent restaurant operations, staff recommends Planning Commission approve the request to revoke UP 26-0039 for a Restaurant 3 at the subject property.
Upon receipt of the Planning Commission's recommendation, City Council will conduct a public hearing to consider revocation of the Use Permit, during its Legislative Session on June 10, 2026.
Recommendations:
Rec
Staff Recommendation:
Approve Revocation of Use Permit Application No. 26-0039
Planning Commission Recommendation:
Approve Revocation of Use Permit Application No. 26-0039