Hampton City Council Legislative Session - June 12, 2024

The Hampton City Council met on June 12, 2024 at 6:30 PM in Council Chambers. All seven council members were present. Mayor Donnie R. Tuck presided. The meeting featured a large number of public hearing items, primarily focused on comprehensive short-term rental (STR) regulations, as well as routine business, recognitions, and public safety concerns. The meeting adjourned at 10:47 PM.

Consent Calendar

• 24-0280: Resolution authorizing an equipment lease/purchase agreement to acquire up to three fire trucks. Approved unanimously.
• 24-0286: Ordinance to amend city code to remove the requirement that the city seal be placed on all municipal vehicles. Approved unanimously.
• 24-0281: Resolution authorizing the Economic Development Authority to retain sales proceeds from the sale of real property in the Hampton Roads Center North Campus to finance infrastructure and other costs. Approved unanimously.

Presentations, Proclamations, Awards

• Kecoughtan High School Boys Varsity Track Team: Recognized for winning their second consecutive Class 5 state championship. Mayor Tuck presented city coins. Coach Deon Moore spoke about the team's discipline and academic achievements (GPA range 3.0 to 4.26).
• Resolution 24-0306 in Recognition of Steven D. Bond: Recognized Interim City Attorney Steve Bond, who was appointed as a General District Court Judge. The resolution was read and approved unanimously. Bond thanked Council, staff, and his wife.

Public Hearings

9. 24-0169 – Elizabeth Lake Estates Service District Tax Increase

• Assistant City Manager Brian DeProfio explained the proposed increase from $0.06 to $0.10 per $100 of assessed value to keep up with inflationary costs. The Elizabeth Lake Estates Civic Association (ELECA) obtained 67% support (212 signatures), exceeding the 65% supermajority requested by Council. Don Neubert, ELECA president, spoke in favor. The public hearing was closed, and the ordinance was approved unanimously on second reading.

10. 24-0240 – Ordinance to Set Salaries for Mayor and City Council

• DeProfio noted that Virginia General Assembly increased allowable pay and that Hampton's pay had not increased in about 20 years. The proposed increase raises the mayor's salary from $25,000 to $47,000 and council members' salaries from $23,000 to $43,000, effective July 1, 2025. Michael Mulheran spoke in support. The ordinance was approved unanimously.

11–66. Short-Term Rental Zoning Ordinance Amendments and Rezonings

• A joint presentation by Zoning Administrator Allison Jackura covered the comprehensive STR regulatory package. Key elements:
  • The city is divided into 51 STR overlay zones, each with a 1% cap on the number of STRs (based on total housing units).
  • A 500-foot separation requirement between STRs, measured from property lines, with an exception for two adjacent STRs (mini-cluster).
  • STRs that meet standards can be approved via a Zoning Administrator Permit (ZAP); those with more than five bedrooms or ten overnight lodgers, or that do not meet parking requirements, require a use permit by Council.
  • A grace period for STRs that operated legally under previous interpretations continues until December 31, 2024; those that obtain a permit by then are exempt from density and separation limits.
  • Homestays (owner-occupied room rentals) will be addressed in separate amendments at the August 14, 2024 Council meeting, following a Planning Commission hearing on June 20, 2024.
  • Staff and Planning Commission recommended approval of all amendments and rezonings.
• A joint public heard was held. Over 30 speakers addressed Council. Positions were mixed:
  • Many speakers (including Lynn Howard, Craig Mottley, Amy Hobbs, Greg Garrett, Terry Skawski, David Spring, Dwayne Alexander, Lillian Dixon, Mary Ellen Smalls, Susan Rolf, David Rolf, Kevin Mihlfeld, Kathleen Martin, Julenn Keeling) urged the Council to reduce or eliminate the 500-foot buffer and increase the density cap, particularly in Buckroe and Phoebus, arguing that the restrictions would harm tourism, tax revenue, and property rights.
  • Others (including Kendall Tarkington, Dave Rogers, Joan Weaver, Gail Williams) supported the 1% cap and 500-foot separation, citing concerns about noise, parking, safety, and neighborhood character. Some reported negative experiences with STRs, including parties, bullets, and infrastructure strain.
  • Several speakers, including from the Virginia Peninsula Association of Realtors (Susan Gaston), acknowledged the thorough work by staff and suggested the 500-foot rule warrants further study but supported the overall framework.
• After closing the public hearing, Council voted on each item. All five text amendments and all 51 rezonings were approved with an effective date of September 1, 2024, except for items 13 and 14 where Vice Mayor Gray requested a 300-foot buffer study. On item 13 (24-0175), the vote was 6-1 (Vice Mayor Gray opposed). On item 14 (24-0176), Council approved with a motion to have staff bring amendments with a 300-foot buffer before September 1, 2024 (vote 7-0).

4–8. Use Permit Applications for Short-Term Rentals

• Staff explained that due to the adoption of the new STR regulations, four of the five pending use permit applications can be converted to Zoning Administrator Permits (ZAPs) and will not require Council action. The application for 404 N Second St cannot be converted and will be considered in September. All five were deferred to the September 11, 2024 Council meeting via unanimous votes.

67. 24-0093 – I-64 Hampton Roads Express Lanes Property Transfer

• Resolution authorizing the transfer of 9,405 square feet of city property and granting temporary construction easements (100,336 square feet) and other easements to VDOT for the I-64 express lanes project. No public speakers; approved unanimously.

68. 24-0285 – Dominion Energy Easement for Langley Air Force Base

• Resolution granting easements to Dominion Energy Virginia over city property on North Armistead Avenue to provide electrical services to Langley AFB. No public speakers; approved unanimously.

Public Comments

• Ursula Barkers, Charlene Thompson, Franklin Chambers: Spoke about the dangerous intersection at Greenbriar Avenue and Shell Road, citing multiple accidents (up to eight in three years, including two serious accidents in the prior weekend). They requested traffic calming measures such as a traffic light, speed bumps, or increased signage.
• Joan Weaver: Echoed the intersection safety concerns and also raised issues about the condition of the North Point Commerce industrial site and the Virginia State School for the Deaf and Blind campus.
• Jeannie Belgrave: Requested speed limit reduction on North Armistead Avenue and raised concerns about low water pressure in Riverdale (digital water meters).
• Diane Davis: Requested improved ditch drainage maintenance on Oakland Avenue due to frequent flooding.
• Craig Knopp: Asked about camera placement for police, use of the homeless hotline, and suggested a panhandling permit to offset costs of police escorts for encampment cleanups.
• Jason Mitchell, Director of Public Works: Responded to the intersection concerns. He stated that the city completed a traffic study and will implement a four-way stop at Greenbriar and Shell, two additional three-way stops along Shell Road, and request Council to adopt an additional $200 fine for speeding. He explained that speed bumps are not recommended due to safety risks. He also noted that the water pressure issue is related to Newport News Waterworks and that drainage on Oakland Avenue will be investigated.

General Items

69. 24-0294 – Resolution Ratifying Special Election Petition

• Resolution ratifying the submission of a petition to the Circuit Court requesting a special election to fill the vacancy resulting from the resignation of Vice Mayor James "Jimmy" A. Gray, Jr. Approved unanimously.

Appointments

• 70. 24-0289 – Hampton-Newport News Community Services Board: Deferred to July 10, 2024.
• 71. 24-0292 – Western Tidewater Regional Jail Authority: Appointed Sheriff Karen Bowden, City Manager Mary Bunting (with Deputy City Manager Brian DeProfio as alternate), and Vice Mayor Jimmy Gray (with Mayor Donnie Tuck as alternate). Approved unanimously.
• 72. 24-0304 – Appointment of Interim City Attorney: Appointed Cynthia E. Hudson as Interim City Attorney, effective June 17, 2024. Approved unanimously.

Key Outcomes

• All three consent agenda items approved unanimously.
• Elizabeth Lake Service District tax increase approved unanimously.
• Council salary increase approved unanimously, effective July 1, 2025.
• Comprehensive short-term rental regulatory package (five text amendments and 51 rezonings) approved with an effective date of September 1, 2024. Council directed staff to bring amendments for a 300-foot buffer before that date.
• Five pending STR use permit applications deferred to September 11, 2024.
• VDOT property transfer and Dominion Energy easement resolutions approved unanimously.
• Resolution ratifying special election petition approved.
• Appointments to Western Tidewater Regional Jail Authority and Interim City Attorney approved.
• City will implement traffic safety measures at Greenbriar and Shell Road, including a four-way stop and additional stop signs, and seek Council approval for a $200 speeding fine.