Hampton City Council Legislative Session - December 11, 2024

The Hampton City Council held its regular legislative session on December 11, 2024, at 6:00 PM in Council Chambers. The meeting included a consent agenda, presentations and proclamations recognizing outgoing councilmembers, multiple public hearings on rezoning and use permit applications, public comments, and appointments. The meeting adjourned at 9:08 PM.

Consent Calendar

• Approved unanimously (7-0) eight consent agenda items including budget amendments to accept grants (Emergency Management Performance Grant, Litter Prevention and Recycling Grant, Maternal, Infant, and Early Childhood Home Visiting Program), FY2024 year-end budget adjustments, fund balance appropriations totaling $829,624.63 and $1,079,616, a property transfer for Commander Shepard Boulevard, and a petition regarding a vacancy in the Commissioner of the Revenue office.

Presentations & Proclamations

• Recognized Hampton City Schools students for holiday card artwork: Dayla Philman (Bethel), Aliyah Boyce (Kecoughtan), Angela Chen and James Sidebottom (Hampton), Nakia Boykin (Phoebus).
• Presented a letter to Johnny Sain and Gary Macklin honoring Clark's Feed Store for its contributions to the community.
• Councilwoman Harper presented a Digital Cities 2024 award (10th place, population 125,000–249,999) from the National League of Cities.
• Bill Mullis, owner of Larry King Law Langley Speedway, highlighted the track's achievements, including the upcoming 75th season and its role as a NASCAR-sanctioned track.
• Mayor Tuck announced Hampton earned a perfect score of 100 on the 2024 Municipal Equality Index from the Human Rights Campaign Foundation.
• Congratulated Phoebus High School football team for advancing to the state Class 4 championship (seeking a fourth consecutive title).
• Announced a $20 million EPA grant for the Aberdeen Gardens neighborhood to address flooding and foster economic growth through green infrastructure, in partnership with Wetlands Watch.
• Approved resolutions (7-0) recognizing Councilman W.H. "Billy" Hobbs, Jr., Councilman Chris Bowman, and Mayor Donnie R. Tuck for their service, all leaving office December 31, 2024. Vice Mayor Gray presided over the presentation for Mayor Tuck.

Public Hearings

• Item 12 (24-0278): Rezoning by D.R. Horton at Semple Farm Road was withdrawn by the applicant; removed from agenda.
• Items 13 & 14 (24-0431 & 24-0432): Brooks-Joseph Memory Care I & II LLC proposed rezoning 1.09 acres at 1807 W. Queen Street from R-11 to MD-4 and a use permit for a nursing home. Staff and Planning Commission recommended approval. Applicant Arnita Snead Brooks presented plans for a 20-bed memory care facility (Beehive Homes franchise). No public speakers. Council approved the rezoning (7-0) with nine conditions and the use permit (7-0) with ten conditions.
• Items 15 & 16 (24-0462 & 24-0463): Cavalier Homes LLC sought rezoning 0.29 acres at 1814 Kecoughtan Road from C-1 and R-11 to MD-4 and a use permit for multifamily dwellings (three units) in an existing building. Staff recommended approval, citing consistency with the Kecoughtan Road Corridor Master Plan. Community meeting held with four residents. No public speakers. Council approved rezoning (7-0) with nine proffered conditions and use permit (7-0) with seven conditions.
• Item 17 (24-0452): Wilson Randolph Rylander requested amending Use Permit No. 1034 to broaden the age range at New Mount Olive Christian Academy (66 Big Bethel Road) from ages 4–12 to 6 weeks–12 years. Staff recommended approval with nine conditions, including a cap of 220 students and hours 6 AM–6 PM. No public speakers. Council approved (7-0).
• Item 18 (24-0454): Sherquita Tucker sought a use permit for a Restaurant 3 (Tapas and Shisha) at 1144 Big Bethel Road, including live entertainment and outdoor dining. The property had previous approvals for similar uses. Applicant sent a fact sheet to neighbors instead of a community meeting; some council members expressed preference for in-person meetings. Staff recommended 13 conditions. No public speakers. Council approved (7-0).
• Item 19 (24-0468): Everside Properties LLC applied for a short-term rental (STR) at 1536 Morgan Drive in the R-9 district, Long Creek 1 overlay zone. The property lacked on-site parking, triggering a use permit rather than an administrative ZAP permit. Staff recommended approval with 15 conditions, including installation of parking. Planning Commission recommended denial, citing concerns about bypassing the ZAP process. Applicant did not hold a community meeting. Council approved (5-2) with Councilmembers Bowman and Harper voting no.
• Ordinances 20-22 (24-0465, 24-0467, 24-0469): Three ordinances to update cross-references in the zoning ordinance, subdivision code, and site plan code to the newly adopted Stormwater Management and Erosion Control Ordinance (Chapter 33). No public speakers. All approved unanimously (7-0).

Public Comments

• Dion Witherspoon expressed concern about rising property taxes, noting a $93,000 increase in assessed value since 2016. He questioned the city's budget surplus and appealed process.
• Pauline Vona requested repainting faded lane markings on Big Bethel Road from Todd's Lane to Hampton Roads Parkway, citing safety risks.
• Ken Elazier congratulated all candidates in the recent election and urged unity and continued collaboration.

City Manager Mary Bunting responded: Public Works Director Jason Mitchell will follow up on pavement markings; thermoplastic markings may take 60 days. Regarding assessments, she explained market forces and that the city council cannot set assessments; she will ask the assessor to review the properties. She also summarized an afternoon discussion on Shell Road and Greenbrier Avenue: no council sentiment for a pilot or full closure, but signs and lighting upgrades will be pursued.

General Items

• Item 23 (24-0504): Ordinance to conform vacant building registration to expanded state code authority, adding criminal blight and squatting as triggers. Approved unanimously (7-0).

Appointments

• Deferred action on the Hampton Animal Response Team Advisory Committee (HARTAC) to February 12, 2025 (7-0).
• Approved appointments to Citizens Police Advisory Group (Bob Boester, Michael Bullock, Stephen Deane, Tony Sandefur), Peninsula Agency on Aging (Thomas Fukawa), Planning Commission (Michael Harris), Neighborhood Commission (Pam Kelly, Lakia Davidson), Eastern Virginia Regional Industrial Facility Authority (Jimmy Gray replacing Donnie Tuck), and Board of Zoning Appeals (Sean Cummings, Melissa Story, Jonathan Oliveras). All approved unanimously (7-0).

Key Outcomes

• All consent agenda items and most public hearings passed unanimously. The short-term rental use permit (24-0468) was approved 5-2.
• Three outgoing councilmembers were recognized with resolutions: Billy Hobbs, Chris Bowman, and Mayor Donnie Tuck.
• The council directed staff to explore requiring community meetings for use permits in the future.
• The city manager committed to investigating pavement markings and property assessment concerns.
• The council shared holiday wishes and farewell remarks, with Mayor Tuck adjourning the meeting at 9:08 PM.