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Record of Proceedings

Hampton Planning Commission Recommends Short-Term Rental Ordinance and Rezonings on May 16, 2024

Planning CommissionThursday, May 16, 2024
BodyHampton, Virginia
SessionPlanning Commission
DateThursday, May 16, 2024
StatusFILED
Video Record

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Transcript — Verbatim
8:28

The City of Hampton Planning Commission meeting shall now come to order.

8:32

Madam Clerk, can you call the role, please?

8:36

Commissioner Rogers, present.

8:38

Commissioner Brooks, present.

8:40

Commissioner Coleman.

8:41

Present.

8:42

Vice Chair Callum.

8:44

Present.

8:45

Commissioner Harper.

8:46

Present.

8:46

Commissioner DiProfio.

8:48

Present.

8:49

Chair Harris.

8:50

Present.

9:03

Move approval of meeting minutes from April Twenty Twenty-Four Planning Commission meeting.

9:11

With corrections as uh discussed.

9:29

Commissioner Rogers.

9:30

Aye.

9:31

Commissioner Brooks.

9:32

Aye.

9:33

Commissioner Coleman.

9:34

I.

9:35

Vice Chair Kellen.

9:36

Aye.

9:37

Commissioner Harper.

9:38

Aye.

9:39

Commissioner DeProfio.

9:41

Chair Harris.

9:44

Now that the meeting minutes have been approved, we will now move to our public hearing items and Director Brown.

9:51

Thank you, Mr.

9:52

Chair.

10:00

And then welcome to everyone who's here in the chamber.

10:02

We're going to have a joint public hearing.

10:04

I'm going to read all of the items on the agenda out their titles, and we'll have a staff report, and then there'll be a public hearing opportunity for everyone who has signed up to speak.

10:14

So I'll be talking for a little bit of time while you're all getting settled, but I'll start with the public hearing and comment rules.

10:26

It is important that all involved understand how the commission conducts its hearings and how all persons before the commission should conduct themselves.

10:34

Individuals who have signed up to comment will have three minutes to present their comments.

10:39

All comments should be directed to the commission.

10:42

No person should address the commission until they have been called by the chair.

10:46

Speakers must remain at the podium or microphone while addressing the commission.

10:51

Speakers who have signed up may not donate their time to other speakers.

10:55

And then please note the actions taken today by the planning commission are in the form of a recommendation to the Hampton City Council.

11:01

The final decision to approve or disapprove this package of amendments in this case will be made by the City Council at a future date.

11:34

What's before the planning commission this afternoon is the system by which we're proposing to regulate short term rentals, no particular location.

11:43

Okay, so I'm going to start reading those titles.

11:45

Mr.

11:46

Chair.

11:46

The public hearing items today are item 240173, which is an ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia, by amending Chapter 1, Article 1 entitled Administration and Enforcement of Ordnance to add a section regarding zoning administrator permits and associated fees.

12:04

Item 240174 is an ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia by amending Chapter 2, Section 2 2 entitled Definitions to Amend the Exing Definition of Bed and Breakfast 1 and Bed and Breakfast 2 to clarify how the use operates and to consolidate to a singular definition.

12:21

Item 24 0175 is an ordinance to amend and reenact the zoning ordinance of the city of Hampton, Virginia.

12:26

By amending Chapter 3 entitled Use is permitted to modify the use short-term rental to be permitted within a zoning with a zoning administrator permit if certain additional standards are met.

12:35

Add additional standards on the operation of the use of short-term rental, reflect the combination of the bed and breakfast one and bed and breakfast two uses, and add additional standards for the multifamily dwelling use.

12:45

Item 240176 is an ordinance to amend a reenact the zoning ordinance of the city of Hampton, Virginia by amending Article 9, entitled Overlay Districts to add Article 8, entitled OSTR Short Term Rental Overlay to add a new overlay district which regulates the density and separation of short-term rentals.

13:03

Item 240177 is an ordinance to amend and reenact the zoning ordinance of the city of Hampton, Virginia by amending Chapter 10, Article 2, Section 10-19, entitled 1 and 2 Family Residential Districts sign regulations to reflect a proposed change in the name of the bed and breakfast use.

13:19

Item 240178 is a rezoning application by the City of Hampton to rezone into the Back River 1 zone of the short-term rental overlay district.

13:27

All of the parcels of land bounded as shown on the attached proposed rezoning map.

13:32

And I'll pause here to say our zoning administrator will be showing the different maps as I read these out for those interested in the boundaries being announced.

13:40

Item 24-0179 is a rezoning application by the City of Hampton to rezone into the Back River 2 zone of the short-term rental overlay district.

13:47

All of the parcels of land bounded as shown on the attached proposed rezoning map.

13:51

Item 240180 is a rezoning application by the City of Hampton to rezone into the Back River 3 zone of the short-term rental overlay district.

Discussion Breakdown — Share of Meeting
Short Term Rentals█████████████████████21%
Public Comment██████████████████18%
Procedural██████████10%
Workforce Development██████████10%
Short-Term Rentals████████8%
Zoning and Land Use██████6%
Agriculture Education█████5%
Miscellaneous████4%
Public Engagement███3%
Summary of Proceedings

Hampton Planning Commission Meeting Summary – May 16, 2024

The City of Hampton Planning Commission met on May 16, 2024, at 20:30 UTC (4:30 p.m. local) for a joint public hearing on a comprehensive package regulating short-term rentals (STRs). The agenda comprised five zoning ordinance amendments (Items 24-0173 through 24-0177) and 51 rezoning applications (Items 24-0178 through 24-0228) establishing an STR overlay district with 51 subdistricts, a 1% density cap, a 500-foot separation requirement, and a new zoning administrator permit process. After hearing from 53 registered speakers and deliberating, the commission voted to recommend approval of all items with an effective date of July 1, 2024, forwarding its recommendation to City Council.

Consent Calendar

  • The commission unanimously approved the minutes of the April 2024 Planning Commission meeting, with corrections as discussed.

Public Comments & Testimony

  • Support with requested modifications: Several speakers, including STR operators and stakeholder group members Lynn Howard, Greg Garrett, Alia Fanja, Dan Carroll, and Susan Rolfe, voiced general support for the regulatory framework but urged changes: reducing or eliminating the 500-foot separation rule, raising the 1% density cap to 3% in Buckrow, allowing owner-occupied room rentals by right, and permitting clusters of up to three adjacent STRs. They argued these changes would support family tourism, generate tax revenue (estimated $1–2 million), and preserve existing businesses.
  • Neighborhood concerns: Residents from Pasture Point, Fox Hill, Riverdale, Phoebus, and HOA communities (e.g., Kendall Tarkington, Denise Sigfelt, Jennifer Perry, Stephen Hill, Robert Stum, Jesse Gomes, Diana Pascucci, Gail Williams, Linda Parker) expressed concerns about parking shortages, noise, trash, security, emergency access, property values, and loss of residential character. Several called for excluding certain neighborhoods or stricter limits, and some HOA representatives noted their covenants already prohibit STRs.
  • Support for the proposal as balanced: Speakers such as Joe Griffith (Phoebus Partnership) and Susan Gaston (Virginia Peninsula Association of Realtors) praised the stakeholder process and urged approval, while recommending continued study of the 500-foot rule and providing certainty for existing STR owners.
  • Other testimony: A few speakers raised technical questions about permitting, fees, and enforcement. Staff provided clarifications after the hearing: STR permits run with the land, HOA covenants remain privately enforceable, parking must be provided on-site on improved surfaces, and the $200 permit fee plus $50 inspection fees apply per property.

Discussion Items

  • Staff presented the history of STR regulation in Hampton, the formation of stakeholder groups, and the proposed density caps (1% of housing units per zone), separation requirements (500 feet with a two-unit cluster exception), multifamily provisions, and administrative permit conditions (floor plans, local responsible person, record keeping, inspections).
  • Commissioners acknowledged the large volume of public input and discussed the 1% cap and 500-foot rule. Commissioner DeProfio initially suggested recommending changes for Buckrow density and the 500-foot distance, but later withdrew the specific recommendation; the comments were nonetheless noted for forwarding to City Council. Commissioner Coleman expressed support for including a note to examine Buckrow more closely. Commissioner Harper said she would relay concerns to Council.

Key Outcomes

  • The commission recommended approval of all five zoning ordinance amendments (24-0173 through 24-0177) with an effective date of July 1, 2024. Item 24-0176 carried 6–1 with Chair Harris voting no; all other amendments passed unanimously.
  • The commission recommended approval of all 51 rezoning applications (24-0178 through 24-0228) with an effective date of July 1, 2024. Item 24-0182 carried 6–1 with Commissioner Coleman voting no; all other rezonings passed unanimously.
  • The package will proceed to Hampton City Council for final decision. Enforcement of the new STR regulations is proposed to begin October 1, 2024.
  • Staff clarified that complete STR use permit applications on file by June 30, 2024 will be automatically converted to zoning administrator permits, and applications will be processed on a first-come, first-served basis after that.

Meeting Transcript

The City of Hampton Planning Commission meeting shall now come to order. Madam Clerk, can you call the role, please? Commissioner Rogers, present. Commissioner Brooks, present. Commissioner Coleman. Present. Vice Chair Callum. Present. Commissioner Harper. Present. Commissioner DiProfio. Present. Chair Harris. Present. Move approval of meeting minutes from April Twenty Twenty-Four Planning Commission meeting. With corrections as uh discussed. Commissioner Rogers. Aye. Commissioner Brooks. Aye. Commissioner Coleman. I. Vice Chair Kellen. Aye. Commissioner Harper. Aye. Commissioner DeProfio. Chair Harris. Now that the meeting minutes have been approved, we will now move to our public hearing items and Director Brown. Thank you, Mr. Chair. And then welcome to everyone who's here in the chamber. We're going to have a joint public hearing. I'm going to read all of the items on the agenda out their titles, and we'll have a staff report, and then there'll be a public hearing opportunity for everyone who has signed up to speak. So I'll be talking for a little bit of time while you're all getting settled, but I'll start with the public hearing and comment rules. It is important that all involved understand how the commission conducts its hearings and how all persons before the commission should conduct themselves. Individuals who have signed up to comment will have three minutes to present their comments. All comments should be directed to the commission. No person should address the commission until they have been called by the chair. Speakers must remain at the podium or microphone while addressing the commission. Speakers who have signed up may not donate their time to other speakers. And then please note the actions taken today by the planning commission are in the form of a recommendation to the Hampton City Council. The final decision to approve or disapprove this package of amendments in this case will be made by the City Council at a future date. What's before the planning commission this afternoon is the system by which we're proposing to regulate short term rentals, no particular location. Okay, so I'm going to start reading those titles. Mr. Chair. The public hearing items today are item 240173, which is an ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia, by amending Chapter 1, Article 1 entitled Administration and Enforcement of Ordnance to add a section regarding zoning administrator permits and associated fees. Item 240174 is an ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia by amending Chapter 2, Section 2 2 entitled Definitions to Amend the Exing Definition of Bed and Breakfast 1 and Bed and Breakfast 2 to clarify how the use operates and to consolidate to a singular definition. Item 24 0175 is an ordinance to amend and reenact the zoning ordinance of the city of Hampton, Virginia.

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