Title
Use Permit Application by Azad Haji to Operate a Restaurant 3 at 1405 E Pembroke Avenue [LRSN: 12003335]
Purpose
UPDATED BACKGROUND STATEMENT FOR AUGUST 9, 2023:
At Planning Commission, it was discussed that this property had not yet complied with two (2) use permit conditions which applied to the property in 2021, when the original use permit was approved. Community Development, Public Works, and Hampton Police Division staff met with Mr. Haji to discuss these issues on August 3, 2023. A summary of the discussion is as follows:
(1) Site Lighting
Condition 2(b) of the original 2021 use permit required Pharaoh’s to ensure the parking area remained illuminated during times of darkness to comply with the Building Code. Upon a recent inspection, it was discovered that the lighting did not meet minimum building code requirements in the parking lot. The lighting failed to meet minimum code requirements during a subsequent lighting inspection performed on August 3, 2023. The owners have stated that they will have an electrician on-site on Sunday, August 6, 2023 to install new lighting equipment. We will re-inspect the property on Monday August 7, 2023.
(2) Access Points
The 2021 use permit required Pharaoh’s to close a driveway entrance along Pembroke Avenue, which was not completed. At our meeting August 3, 2023, Public Works clarified the curb and gutter requirements and provided a list of contractors that frequently do this work in Hampton. Mr. Haji stated that he would email us with updates as to the status of this work.
Regarding both of these issues, Mr. Haji was informed that-regardless of the decision related to the use permit pending before City Council on August 9-City will take enforcement action if they are not fixed within a reasonable period of time.
Background Statement:
1405 E. Pembroke Avenue is zoned One-Family Residential (R-9), Neighborhood Commercial (C-1), and Limited Commercial (C-2). The applicant currently operates a restaurant with alcoholic beverage license under a previously approved Use Permit, UP No.21-00002. The operation, including the parking lot, occurs within the area of the property in the commercial zoning districts, which allow restaurant 3 with an approved Use Permit. The applicant is requesting the new Use Permit in order to add live entertainment to the operation.
Staff has received comments from several neighbors against the expansion of the restaurant use. Emails received in regard to this application are included in the full package.
Community Development staff also conferred with the Hampton Police Division on calls for service and potential nuisance activity related to the restaurant or its patrons, especially in later hours and how the expansion of operations to include live entertainment may be a concern. It was determined that the calls for service and activity on-site did not reach the level of leading to a recommendation of denial. However, Community Development Staff worked with the Police Division to create more clarity in the recommended conditions and assure that the proper level of security is being provided.
Additionally, two conditions attached to the UP No. 21-00002, approved in 2021, requires certain site improvements that have not been achieved. One condition involves bringing parking lot lighting up to current code requirements. The second condition requires modifications to the entrances of the property closest to the intersection of E. Pembroke Avenue and Woodland Road. If the current application is approved, staff recommends a condition requiring improvements to these access points and the parking lot lighting occur prior to any live entertainment being hosted on-site.
If the current application, Item No.23-0229, is denied, UP No.21-00002 remains in effect with all of its conditions. Staff is working with the applicant to provide clear guidance as to how the applicant can achieve those two conditions noted to be in non-compliance. If the conditions are not met within a reasonable time, staff will follow with proper citations that could ultimately lead to revocation.
The future land use plan of the Hampton Community Plan (2006, as amended) recommends commercial land use for these parcels. Other relevant policies speak to protecting existing neighborhoods and also supporting small and startup businesses as well as greater use of under-utilized commercial properties.
The Planning Commission public hearing was ended, followed by a motion to approve, that did not pass due to a 3-3 split vote of the Commission, meaning the Commission recommends neither approval nor denial. Commissioners raised concerns about the applicant following through with the requirements of the conditions of UP No. 21-00002. As a collective body, the Commission expressed the clear message that the expectation is that the applicant adhere to the current conditions and make the necessary improvements to the site as soon as possible.
Recommendations:
Rec
Staff Recommendation:
Approve with fourteen (14) conditions
Planning Commission Recommendation:
No recommendation