Hampton City Council Legislative Session - September 11, 2024

The Hampton City Council met on September 11, 2024, at 6:30 PM in Council Chambers at 22 Lincoln Street. All seven council members were present. The meeting covered consent agenda approvals, disposition of deferred short-term rental (STR) applications, public hearings on a rezoning and an STR use permit, approval of multiple budget amendments for grants, public comments, and appointments. The meeting adjourned at 8:37 PM.

Consent Calendar

• Approved the Hampton-Newport News Community Services Board FY24-25 Performance Contract Amendments with the Department of Behavioral Health and Development Services (unanimous).
• Approved a resolution supporting the Phoebus Partnership and its Main Street Program (unanimous).
• Approved minutes from the work sessions of September 27, 2023, July 10, 2024, and the special closed session of August 14, 2024 (unanimous).

Disposition of Certain Public Hearing Items Deferred from June 12, 2024

• Items 4-7 (STR use permits at 3808 Chesapeake Ave, 136 S Second St, 406 N Second St, and 526 Settlers Landing Road) were removed from the City Council agenda because they qualified for the new administrative zoning permit process. The City Manager confirmed that applicants were notified and their applications will be processed by zoning staff administratively. The motion to remove passed unanimously.

Public Hearings

Rezoning - D.R. Horton, Inc. (Item 8)

• Proposal: Rezone four parcels at 31, 39, 41, and 49 Semple Farm Road (total ~7.93 acres) from One-Family Residential (R-11) to Townhouse Multifamily Residential (MD-1) to construct 67 townhomes on fee-simple lots. Staff and Planning Commission recommended approval with 14 proffered conditions.
• Public Testimony: Michelle Dantonio (Head of School, Hampton Roads International Montessori School) expressed support, stating that D.R. Horton had addressed their concerns by adding a fence and altering a walking path. Charis Winder (on behalf of her grandmother Stephanie Winder) and Matthew Winder (longtime residents) opposed the project, citing increased traffic, safety issues, lack of sidewalks, prior broken promises, and no community meeting. They argued that the area already has multifamily developments and requested maintaining R-11 zoning.
• Council Discussion: Several councilmembers expressed concern that no community meeting was held, which is standard practice. Councilman Brown and Vice Mayor Gray stated they could not support the project without community input. The applicant (Timothy O. Trant, II, Esq.) apologized and committed to holding a community meeting if council deferred the item. Councilman Hobbs asked for a clear commitment, which the applicant gave.
• Outcome: The council voted unanimously (7-0) to defer the rezoning application to the November 13, 2024 legislative session, contingent on a community meeting being held before that date.

Short-Term Rental Use Permit - Antionique & Twaitney Addison (Item 9)

• Proposal: Use permit for an STR at 404 N Second St in the Buckroe area. The property is within 300 feet of another previously approved STR and has only one on-site parking space (requires two). Staff recommended denial because the application does not meet the 300-foot separation requirement or parking requirements under the new STR ordinance.
• Public Testimony: The applicants spoke, noting they had submitted their application in March 2023 and were not informed of parking issues until recently. They argued that the rules were adopted after their application and requested grandfathering. They also questioned the fairness of the 300-foot separation rule. Mayor Tuck explained that the council paused STR approvals to develop rules and that the applicants are not being treated unfairly.
• Outcome: The council voted unanimously (7-0) to deny the use permit. Councilmember Billy Hobbs made the motion, seconded by Councilmember Martha Mugler.

Resolutions - Budget Amendments (Items 10-18)

• The City Manager presented nine resolutions to amend the Fiscal Year 2025 budget to accept and appropriate various state and federal grants, totaling over $1 million. A public hearing was held with no speakers. Each resolution was approved individually by unanimous votes (7-0). The grants included:
  • Children's Services Act allocation (~$6.9M state, $2.2M local match)
  • Victim Witness Program Grant ($402,934 total)
  • Foster Grandparent Program Grant ($435,633 federal, $20,000 from Newport News, ~$70,000 local)
  • TANF Employment and Training Grant ($91,923.99)
  • Virginia Community Flood Preparedness Fund Grants for water plans and stormwater modeling ($360,000 for Fox Hill/Grandview/Harris Creek; $775,000 for ADAPT Long Creek Blueway; $1,933,200 for citywide stormwater model)
  • Library increased state aid ($57,019)
  • Virginia Opioid Abatement Authority grant for Hampton City Jail substance use treatment ($156,347)
  • Cooperative grant with Newport News for mobile medical unit (total $1.6M over FY25-29)
  • Specialty Dockets Grant for Hampton General District Behavioral Health Docket ($63,725.81)

Public Comments & Testimony

• Teresa Roundy (Hampton resident/business owner) demonstrated a portable shelter made from campaign signs for homeless individuals and proposed using community service hours to build them.
• John Rodenberg (VP, VersAbility Resources) invited council to the 70th Anniversary Gala on October 24.
• Dennis Greene (volunteer, U.S. Military Veterans Hall of Fame) announced the induction gala on November 16 in Hampton, with national coverage possible.
• Michelle Bowen (Hampton resident) shared her son's death from a fentanyl-laced heroin overdose, calling for better hospital protocols, longer rehab (minimum 60 days), and day centers for addicts.
• LaToya Fleming presented a comprehensive addiction treatment proposal including medical assessment, caseworkers, family notification, and a rehab facility staffed by veterans.
• Dawn Mann criticized cat registration requirements for feral colonies, arguing they require neighbor permission while dog owners do not need consent.
• Kristin Schultz proposed a spay/neuter clinic at the Peninsula Regional Animal Shelter, citing high euthanasia rates and long waits at PETA.
• Runita Hill (Executive Director, PLANU Inc.) requested use of the Buckroe Beach main stage for a domestic violence rally on October 5, and follow-up on an Opportunity Connect grant.
• Melanie Paul (via interpreter and briefly in person) advocated for more spay/neuter services and criticized city codes as unenforceable.
• Craig Knopp asked how to verify STR eligibility before purchase, and requested cards for homeless outreach.
• Regina Parks supported spay/neuter solutions based on her experience with a colony in Norfolk.
• Jeannie Belgrave asked the city to participate in the NexTrex plastic bag recycling program for recycled benches.

City Manager Mary Bunting responded to each topic, noting that spay/neuter ideas would be shared with the regional shelter board; she acknowledged the cat colony registration requirements are based on best practices; she committed to following up on the Opportunity Connect grant and stage use; she highlighted recently approved opioid abatement grants for peer recovery services and a drop-in center; and she discussed regional efforts for a homeless shelter.

General Items

• Ordinance 24-0402: Adopted a new Stormwater Management and Erosion Control ordinance (Chapter 33.3) to comply with state regulations. Includes a change to reinspection fees (from $35 to 10% of permit fee for third and subsequent inspections). Approved unanimously.
• Appointments:
  • Deferred appointments to Hampton Animal Response Team and Citizens Police Advisory Group to October 9, 2024 (unanimous).
  • Approved appointments to: Hampton Commission on the Arts (Dianne Suber, Alice Capehart, Bob Boester – first terms ending 9/30/2028); Mayor's Committee on People with Disabilities (reappointments of six members); Citizens' Unity Commission (David Kelley-Riddick); Board of Zoning Appeals (Chip McErlean); Eastern Virginia Regional Industrial Facility Authority (Leonard Sledge replacing Steven Lynch); Hampton Economic Development Authority (reappoint Carlton Campbell, appoint John Ishon). Voting delegate to Virginia Municipal League: Councilwoman Martha Mugler; alternate: Councilwoman Hope Harper. All approved unanimously.

Key Outcomes

• Consent agenda approved unanimously.
• Four STR applications (items 4-7) removed from council agenda and transferred to administrative permit process.
• D.R. Horton rezoning (item 8) deferred to November 13, 2024, contingent on applicant holding a community meeting prior to that date (unanimous).
• STR use permit at 404 N Second St (item 9) denied (unanimous).
• Nine budget amendment resolutions (items 10-18) approved individually (unanimous).
• Stormwater ordinance (item 19) approved (unanimous).
• Two appointments deferred; all others approved as nominated (unanimous).