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Council approves Raising Cane’s use permit at West Mercury Boulevard with conditions

January 08, 2025 | Hampton City (Independent City), Virginia


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Council approves Raising Cane’s use permit at West Mercury Boulevard with conditions
The Hampton City Council approved a use permit for a Raising Cane’s Restaurant at 1044 West Mercury Boulevard that included staff-recommended conditions on operations and hours.

Chief Planner Donald Whipple presented use permit 24-0490, describing the proposed fast-food drive-through restaurant on an outparcel of the River Pointe shopping center in the Coliseum Central Overlay. The applicant requested extended hours — Whipple said the applicant sought Sunday–Thursday operations 9 a.m.–2 a.m. and Friday–Saturday 9 a.m.–3 a.m. — and staff recommended a standard condition set, including an alternate hours recommendation (staff suggested 5 a.m.–3 a.m. consistent with comparable restaurants) and requirements for window transparency, capacity, and compliance with licensing and other laws.

Whipple told the council that, although the existing zoning (C-2 with the Coliseum Central overlay) and the site’s future land-use designation support commercial activity, the applicant had not held a community meeting. Staff and the Planning Commission recommended approval with conditions; staff flagged the lack of a community meeting as a point of concern.

After no public speakers signed up, a council member moved approval of use permit 24-0490 with eight conditions and the council approved the motion by roll call vote. The council did not record an amendment to the hours during the motion on the record; staff’s recommended conditions and the final permit package will determine the approved hours and operational limits.

The approved conditions require compliance with the concept plan and standard operational conditions (window transparency and privacy rules, capacity limits, and licensing). If the operator later seeks alcohol sales, Whipple said the applicant would need to return to amend the permit.

The item closes the public hearing phase; staff will complete the administrative steps required to issue the permit and enforce attached conditions.

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