Hampton Planning Commission Meeting April 18, 2024: Zoning Amendments and STR Briefing
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Hampton Planning Commission Meeting Summary - April 18, 2024
The Hampton Planning Commission met on April 18, 2024, at 8:30 PM UTC (4:30 PM EDT) to conduct public hearings, deliberate on zoning ordinance amendments, and receive briefings on youth initiatives and short-term rental regulations. The commission voted unanimously on all agenda items. The meeting included a closed session for legal consultation regarding short-term rentals.
Consent Calendar
- Approval of Minutes (March Meeting): The minutes from the Planning Commission's March meeting were approved. Commissioner Coleman abstained; all other commissioners voted aye.
Public Comments & Testimony
- Public Hearings: No members of the public signed up to speak on any of the public hearing items. The commission opened and closed the public comment periods for each item with no testimony.
Discussion Items
Zoning Amendments for Coliseum Central Overlay (Items 3 & 4)
Staff Presentation: Zoning Administrator Alison Jacura presented two amendments affecting the Coliseum Central Overlay (OCC) district:
- Item 24-159 (Chapter 9): This amendment would allow building heights up to 150 feet (currently limited to 45 feet), remove the maximum density limit, remove the minimum dwelling area (but require at least 50% of units to be at least 500 square feet), and remove the maximum lot coverage (currently 20%).
- Item 24-160 (Chapter 11): This amendment would eliminate minimum parking requirements in the OCC district, while maintaining requirements for ADA accessible parking, green area, and bicycle parking (at least 10 spaces). Maximum parking limits and associated stormwater/tree canopy provisions would remain.
Commissioner Questions:
- Commissioner Rogers expressed concern about eliminating the maximum lot coverage and its potential impact on resiliency and impervious surfaces. Staff clarified that green area requirements, walkways, and accessible parking would still constrain coverage, and all multifamily developments would still require a use permit for case-by-case review.
- Commissioner Rogers also asked about the effect on commercial buildings and parking availability. Staff noted the intent is to let developers determine needed parking based on market and transportation, while the city considers future parking garages in the area.
- Commissioner Coleman questioned the rationale for allowing some units below 500 square feet. Staff cited recent apartment proposals with studio units around 472-475 square feet, and the desire for flexibility while ensuring not all units are that small.
- Staff noted that the Coliseum Central Business Improvement District Board supported the amendments.
Votes: Both amendments were approved unanimously (7-0).
Zoning Amendments for Physical Recreation Facilities (Items 5-9)
Staff Presentation: Principal Planner Pemberton presented five amendments to:
- Define "physical recreation facility" (covering gyms, martial arts, dance studios).
- Permit private schools (e.g., trade/vocational schools, welding) in Light Manufacturing (M2) and Heavy Manufacturing (M3) districts with a use permit.
- Permit physical recreation facilities by right in multiple districts (including Coliseum Central, downtown, Phoebus, Fort Monroe, and others).
- Add standards for outdoor recreation areas, including setbacks, delineation, hours limited to 5 a.m. to 10 p.m. when adjacent to residential areas, and screening.
Commissioner Questions: Commissioner Rogers asked about hours of operation for outdoor recreation areas and noise impacts. Staff clarified that the noise ordinance still applies, and amplified noise is prohibited.
Votes: All five amendments (24-152 through 24-156) were approved unanimously (7-0).
Short-Term Rental (STR) Briefing
Staff Presentation: Zoning Administrator Alison Jacura provided a comprehensive briefing on proposed STR regulations, which have been under review since August 2023. Key proposals include:
- Dividing the city into 51 STR zones, each with a maximum number of STRs equal to 1% of dwelling units (total 617 units citywide, rounded down).
- A 500-foot separation between STRs (with allowance for a cluster of two), except for grace-period STRs (those operating legally before the 2022 change) and multifamily properties.
- Grace-period STRs (44 remaining) can be approved even if they violate the 500-foot rule, but must apply by December 31, 2024.
- Administrative permits (ZAPs) for STRs with 5 or fewer bedrooms and 10 or fewer overnight lodgers, provided parking is on-site and no events are hosted. Fees: $200 application, $50 inspection. Use permits would still be required for larger operations.
- Clarifications for multifamily amenity apartments (max 10% of units, 50-unit minimum, on-site management, not open to public) and traditional bed-and-breakfasts (on-site management, open during business hours).
- Enforcement: complaint-driven, with notices of violation, 30-day correction periods, and potential fines up to $1,000.
Commissioner Questions and Positions:
- Chair Harris asked about simultaneous applications and how priority would be determined; staff confirmed first-come, first-served based on complete applications, and that use permits would be agendized in that order.
- Commissioner Rogers asked about the transferability of permits; staff confirmed they run with the land but could be voided after two years of non-operation.
- Commissioner Rogers asked about zones exceeding the 1% cap due to grace-period STRs; staff stated no zones are currently over cap.
- Commissioner Coleman asked about awareness of open slots; staff said the STR website (hampton.gov/STRs) provides a searchable map and zone counts, but no waitlist is maintained; an interest form would allow notifications.
- Commissioner Rogers asked about daytime occupancy limits; staff confirmed the double-occupancy rules for use permits.
- Commissioner Kellum asked about fee adequacy for administrative costs; Director Brown acknowledged the $200 fee does not offset full costs but cited survey of other jurisdictions that have much higher fees; staffing and technology needs would be communicated to the city manager.
- Commissioner Brooks asked about the rationale for the "cluster of two" allowance; staff explained operational efficiency for operators and benefits for groups traveling together.
- Chair Harris expressed concern that 25 STRs in Buckrow may be too low compared to other jurisdictions, but acknowledged the city could adjust the cap in the future.
- Commissioner Harper publicly thanked the staff for their extensive work on the STR initiative.
- Staff announced the target dates: Planning Commission public hearing on May 16, 2024, City Council on June 12, 2024, with an effective date of July 1, 2024, and phased enforcement starting in October 2024.
Community Development Director's Report
Hampton Youth Commission Briefing: Senior Youth Planner Ayanna Hollis presented highlights:
- On March 18, the Youth Commission met with Police Chief Jimmy Widman at the Rupert Sargent Veterans Conference Room; students asked questions about safety, schools, and communities.
- Jones and Kilgore Middle School seventh graders presented community projects to City Council: Jones focused on signage (including accessible signs), Kilgore on walkability.
- Upcoming events: April 22 and April 29 commission meetings, May 6 boot camp planning, May 11 Hampton Mini Tour. The current senior youth planner graduates in June.
- Commissioner Harper and Vice Chair Kellum commented positively on the program's impact.
Short-Term Rental Status: The briefing was the main item; next steps include additional briefings to relevant groups and the May 16 Planning Commission hearing.
Key Outcomes
- Approved unanimously: Zoning ordinance amendments 24-159, 24-160, 24-152, 24-153, 24-154, 24-155, and 24-156 (all 7-0).
- Received briefing on short-term rental regulations; staff will continue outreach and return with formal amendments for the May 16, 2024 Planning Commission public hearing.
- Closed session under Virginia Code Section 2.2-3711(A)(8) to consult with legal counsel regarding short-term rentals. Motion carried unanimously (with Commissioner DeProfio noted as "I" in the raw transcript, likely "Aye").
- No public comment was offered on any agenda item.
Note: The transcript included unrelated content (e.g., a fitness video, community history segments), which appear to be extraneous and not part of the Planning Commission meeting. Consequently, they were not included in this summary.
Meeting Transcript
The City of Hampton Planning Commission meeting for the month of April will now come to order. Madam Clerk, can you please call the role? Commissioner Rogers present. Commissioner Brooks? Present. Commissioner Coleman. Present. Vice Chair Callum. Present. Commissioner Harper? Present. Commissioner De Profio. Chair Harris. Here. Do I hear a motion for the approval of minutes from the Planning Commission's March meeting? I vote the approval of the minutes of the March meeting. Second. There's a motion on the floor for the approval of the Planning Commission's March meeting minutes. Commissioner Rogers, aye. Commissioner Brooks, aye. Commissioner Coleman. Abstain. Vice Chair Callum. Aye. Commissioner Harper. Aye. Commissioner DeProfio. Chair Harris. Aye. Now we will have public hearing items. Um Director Brown. Thank you, Mr. Chair. I'll read the excerpt from the public hearing and comment rules before um reading out the public hearing items. So the planning commission of the city of Hampton takes pride in being fair and courteous to all parties in attendance. It is the important therefore that all involved understand how the commission conducts its hearings and how all persons before the commission should conduct themselves to ensure the affairs of the commission may be conducted in an orderly manner and to permit persons in attendance to observe and hear the proceedings of the commission without distraction. The following rules for public hearings and comment are established. Please turn off your cell phone while you're in the chamber. If you are attending the hearing and desire to speak on an item, please enter your name and I at the item number at the desk in the back of the chambers prior to the call of the item. I'll announce the item number and title being considered. Individuals other than an applicant or the applicant's representative who have signed up to comment on an item will have three minutes to present written in or oral comments. All comments should be directed to the commission. Speakers who have signed up may use their allotted time only for themselves and cannot donate time to other speakers. Please note that the actions taken at the commission today are in the form of a recommendation to the Hampton City Council. The final decision to approve or disapprove an application will be made by the city council at a future date. Okay, I'm going to ask the commission to take items three and four together. We'll hear a staff report on both of them and hold a joint public hearing, and then have separate motions, one for each item three and four. So the first is item number three, which is an ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia, by amending chapter 9, section 9-24 entitled site design to provide alternatives within the Coliseum Central overlay to the base district requirements for height, density, dwelling area, and lot coverage. And item four is an ordinance to amend and reenact the zoning ordinance of the city of Hampton, Virginia by amending chapter 11, section 11-8 entitled parking credits credits, exemptions and reductions to reduce the minimum parking required in the Coliseum Central Overlay OCC district to zero, and additional criteria to clarify other parking requirements. Both of these items are being presented by zoning administrator Alison Jacura.
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