Title
Use Permit Application by A & A Loyalty Group to Permit a Restaurant 3 at 85 & 87 Lincoln Street [portion of LRSN: 2003249]
Purpose
Update for February 26, 2025 Council Meeting
City Council deferred action on this item at its January 8, 2025 meeting to allow the applicant time to host a community meeting and to work with the Hampton Police Division (HPD) on developing a security plan. The applicant and HPD have reached a mutually agreed upon security plan. The applicant has scheduled a community meeting for February 19, 2025.
Background Statement:
Use Permit Application No. 24-0489 is a request for a Use Permit for a restaurant 3 to exceed the general hours of operation permitted under a Zoning Administrator Permit (ZAP) and to include indoor live entertainment. The subject property is located at 85 & 87 Lincoln Street [portion of LRSN: 2003249], a leased space within the Old Hampton Shopping Center. The property is currently zoned Downtown Business (DT-1) District, which permits the desired use subject to an approved Use Permit. A Use Permit (UP No. 23-0312) for restaurant 3 with twelve (12) conditions was granted on January 10, 2024 for 87 Lincoln Street. The applicant desires to expand the existing Karma Restaurant into 85 Lincoln Street; thus, a new Use Permit is necessary to operate a restaurant 3 at 85 and 87 Lincoln Street. Until the new Use Permit Application is approved, the applicant is operating a banquet hall at 85 Lincoln Street.
If the Use Permit is granted, staff recommends thirteen (13) conditions based upon the proposed use’s operational and land use characteristics. Recommended conditions address issuance of permit, location of indoor live entertainment, hours of operation, capacity, security, window transparency, dancing, sound, third party promoters, ABC license and expiration, and compliance with applicable laws. The conditioned evening hours of operation, Sunday to Thursday, are more restrictive than what is proposed by the applicant. Given the location and other surrounding uses, the recommended hours proposed by staff are appropriate. The recommended conditions are consistent with other restaurants with indoor live entertainment and outdoor dining Use Permits recently granted.
The Hampton Community Plan (2006, as amended) and Downtown Master Plan (2017, as amended) recommend mixed-use for the subject property.
During the Planning Commission meeting, the applicant asked the Commission to consider amending the proposed conditions to permit operations from 5:00 AM to 2:00 AM every day of the week. The applicant explained the reasoning for the requested hours during the week is to accommodate special events on holidays and other special occasions that fall Sunday through Thursday. Examples provided include New Years Day and the Hampton University homecoming. The Commissioners expressed concerns regarding security issues over the past 11 months since the initial Use Permit for Restaurant 3 was granted for 87 Lincoln Street. Commissioners also discussed the reasonableness of permitting later hours in Downtown all week long. After deliberation, the Commission passed a motion to recommend approval with the staff recommended conditions as amended to allow for operations from 5:00 AM until 2:00 AM seven days per week if the applicant and the Hampton Police Division can develop an acceptable security plan for the later hours. A redline of the conditions reflective of the Planning Commission's recommendation are included in the package.
Recommendations:
Rec
Staff Recommendation:
Approve with thirteen (13) conditions.
Planning Commission Recommendation:
Approve with thirteen (13) conditions, as amended to reflect the requested hours of operation, Sunday through Saturday 5:00 AM to 2:00 AM, with a security plan approved by the Hampton Police Division.