Hampton Planning Commission Meeting – November 17, 2022

The Hampton Planning Commission met on November 17, 2022, to consider zoning ordinance amendments related to mental health/substance abuse treatment facilities and short-term rentals. Commissioners also received reports from youth planners and the community development director on the Hampton 2040 plan. All votes were recommendations to City Council.

Consent Calendar

• Approval of Minutes: The commission unanimously approved the minutes from the October 20, 2022 meeting (motion by Mr. Bond, second by Mr. Brown; all voted aye).

Public Comments & Testimony

• Short-Term Rental Amendments (Items 22-00009 and 22-00010): Ten speakers addressed the commission.
  • Dave Rogers (Buckroe Beach resident) expressed support for the amendments, citing concerns about parking, noise, and trash from some short-term rentals, and endorsed the use permit process to address negative impacts.
  • Barbara Smith (Hampton resident, 2628 Winona Drive) spoke in favor, highlighting that short-term rentals boost city revenue and support local events, and praised the proposal as business-friendly.
  • Dan Carroll (Buckroe Beach resident and short-term rental owner) supported the amendments, noting financial benefits to the city (e.g., property and business taxes) and increased patronage of local restaurants and events by renters.
  • Dana Robbins (realtor) supported the amendments but asked the commission to reconsider requiring a special use permit, arguing it would overwhelm city resources and deter compliance.
  • Greg Garrett (stakeholder group member) endorsed the ordinance framework but criticized the special use permit requirement, suggesting it would lead to hundreds of hearings and burden the city. He also advocated for a cap on short-term rentals and for grandfathering existing responsible owners who were denied business licenses due to the owner-occupancy interpretation.
  • Alia Fanja (local entrepreneur) supported the amendments as beneficial to the economy and to safety, but recommended removing the special use permit requirement, citing lengthy hearings and potential neighbor conflicts.
  • Justin J. Vega (retired, small-business owner) supported the amendments, noting they encourage entrepreneurship and tourism.
  • Susan Gaston (Virginia Peninsula Association of Realtors) thanked the city for the collaborative stakeholder process and expressed concern that the conditional use permit requirement was unnecessary given the trust in staff.
  • Carl Frazier (Hampton resident) supported the amendments, emphasizing the potential for tourism and trusting the stakeholder group to make the process work.
  • Julian Keeling (associate broker and property manager) supported the amendments but echoed concerns about the special use permit burden, offering examples of noise monitoring and trash management by responsible operators.

Discussion Items

• Mental Health/Substance Abuse Treatment Facility Amendments (22-00007 and 22-00008): Staff presented a proposal to allow mental health/substance abuse treatment facilities by use permit in the C2 zoning district within the Coliseum Central Overlay, limited to hospitals or community services boards. The amendment aimed to address growing need exacerbated by COVID-19, reduce police monitoring at emergency rooms, and provide oversight. Commissioners Bond and Brown disclosed volunteer roles on the Community Services Board but stated no conflict. No public speakers signed up. The commission asked no further questions and moved to vote.
• Short-Term Rental Amendments (22-00009 and 22-00010): Staff presented a two-part amendment to define short-term rentals and allow them by use permit in many residential, commercial, and overlay districts. A two-year grace period was proposed for operators with current business licenses (about 40 of an estimated 350 total short-term rentals). Staff outlined potential future conditions (e.g., local contact person, noise compliance, trash management). Commissioners discussed enforcement challenges, the feasibility of special use permits, and stakeholder input. Multiple commissioners expressed concern that a special use permit requirement would overwhelm the commission and staff; they favored an eventual shift to an administrative permit. Chair Kellogg and others supported moving forward given the time-sensitive General Assembly timeline.

Key Outcomes

• Zoning Ordinance Amendment 22-00007 (Mental Health Facility, Chapter 3): Approved unanimously (7-0) as a recommendation to City Council.
• Zoning Ordinance Amendment 22-00008 (Mental Health Facility, Chapter 9): Approved unanimously (7-0) as a recommendation to City Council.
• Zoning Ordinance Amendment 22-00009 (Short-Term Rental Definitions): Approved (7-0) with commissioners Garrison, Brown, and others stating their vote was contingent on the understanding that city staff and council will revisit the use permit requirement and work toward an administrative permit process. Motion by Mr. Bond, second by Mr. Brown.
• Zoning Ordinance Amendment 22-00010 (Short-Term Rental Use Table and Standards): Approved (7-0) with the same understanding as above. Motion by Mr. Bond, second by Mr. Brown.
• Other Reports: The youth planner presented an update on upcoming events (school board meeting Nov. 21, holiday potluck Dec. 5). Community Development Director O'Neill reported on the Hampton 2040 process: seven focus groups are meeting; a mid-process public checkpoint is planned for late January/early February 2023, with final adoption targeted for late summer 2023.

Commissioner Matters

• Chair Kellogg reminded the commission that December’s chair will be Michael (Mr. Bond) and encouraged attendance.