OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Hampton Planning Commission Meeting - December 18, 2025

Planning CommissionThursday, December 18, 2025
BodyHampton, Virginia
SessionPlanning Commission
DateThursday, December 18, 2025
StatusFILED
Video Record
0:00 / 4:56:41

Transcript — Verbatim
3:42

The City of Hampton's Planning Commission meeting for the month of December Two thousand twenty-five will now come to order.

3:49

Madam Clerk, can you call the role, please?

3:53

Commissioner Griffith.

4:00

Commissioner Muggler.

4:02

Present.

4:02

Commissioner De Profio.

4:04

Chair Harris.

4:18

Move approval of the November twenty twenty-five minutes with amendments.

4:33

Any comments by the commissioners.

4:43

I Commissioner Brooks.

4:45

I Commissioner Coleman.

4:48

I Commissioner Muggler.

5:00

Thank you.

5:01

I will first read the public hearing protocol.

5:03

The Planning Commission of the City of Hampton takes pride in being fair and courteous to all parties in attendance.

5:09

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

5:17

Individuals other than the applicant or their representative who have signed up to comment on the case will have three minutes to present their comments.

5:24

All comments must be directed to the commission.

5:27

No person may address the commission until he or she is called by the chair.

5:31

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

5:35

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

5:39

And please note that unless otherwise stated, the actions taken by the commission today are in the form of a recommendation to the Hampton City Council.

5:47

The final decision to approve or disapprove an application will be made by the city council at a future date.

6:11

Chapter 3, Section 3 2 entitled Table of Uses Permitted to add Smoke or Vape Shop to the Use Table.

6:18

Chapter 3, Section 3 3 entitled Additional Standards on Uses to add Additional Standards for Smoke or Vape Shop.

6:25

And Chapter 11, Section 11 2, entitled Parking Spaces Required to add Smoke or Vape Shop to the Parking Table.

6:34

Here to present on behalf of staff as zoning administrator Melvion Fulgrim.

6:53

Good afternoon, Chairman of the Board, Vice Chair, members of the body, director of community development, legal counsel, staff, citizens, and guests.

7:03

My name is Melville Pogum, and I am the current zone administrator for the city of Hampton.

7:09

The item that I will be bringing before the body is a proposed zoning ordinance amendment for smoke or vape shops, number 25-037.

7:20

This will affect chapters 2, 3, and 11 to modify or to define the permitted use of smoke and vape shops here in the city of Hampton.

7:35

The retail sales general use category is an overarching classification that currently includes multiple uses such as smoke and vape shops.

8:02

These stores typically are medium to small and serve walk-in customers.

8:08

Just some ideas of what those services look like.

9:03

Regulating them helps to ensure compatibility and surrounding residential residential, commercial, or mixed use areas.

9:12

The current proposal would align with the state statute that regulates tobacco product sales, which leads us to 15.2-912.4, the regulation of tobacco and hemp product sales, resale sales locations.

9:30

This statute is used to identify what type of retail products can be sold, the areas of where they can be sold as far as location and proximity to child care centers and public, private, and parochial schools.

10:10

On this page here, this is a comparison model of some of the research that we conducted with other localities that currently have vape or smoke or smoke or vape shop language amended or adopted into their ordinances.

10:28

The table details other localities of their permitting and zoning districts, distance requirements, and permits of approval.

11:06

Okay, so just to give you a brief overview of exactly how we're breaking down the definition of vape or smoke shops.

11:20

These products include tobacco sales, hemp products meant to be smoked, or other lawful products designed for human smoking or vaping.

11:28

This includes what is not limited to electronic smoking or vaping devices, any liquid substances used with them, tobacco products containing nicotine or intended for human use, parts, components, accessories related to smoking or vaping products, whether or not they contain tobacco or nicotine.

11:48

A smoke or vape shop does not include any business that holds a Virginia alcohol beverage control license.

11:56

An example of businesses that would be affected by this condition would be like a small mama pop store, which would be like a convenience store, who sells smoke or vape uh products as defined in the amendment.

12:10

However, our larger chain businesses such as 7-Eleven, Walmart, or Kroger, who have who hold a alcohol beverage license from the department from Virginia would not be affected by this amendment.

12:24

Furthermore, in preparation for future legislation that could impact the state of Virginia, we've added an addendum that includes retail, marijuana, and product sales.

12:37

So if the sale of retail marijuana or marijuana products becomes legal in Virginia, a smoke or vape shop may sell those products only if they receive a use permit or amend the use permit, specifically allowing marijuana sales or marijuana sale of products at that location.

12:58

The business must also comply with all other applicable laws and regulations, including those issued by the state and by the state agency authorized to regulate retail marijuana sales or retail marijuana products, existing smoke or vape shops, including those with legal non-conforming statuses and any other businesses may not sell retail marijuana or retail marijuana products unless they first require, excuse me, obtain a required use permit or amend the use permit authorized for such sale.

13:35

Moving forward to chapter three, which is our use table chapter, uh, we are hoping to include the actual term of smoke or vape shop to our category.

13:46

This would permit smoke or vape shops in the general commercial C3 district, subject to additional standards and approved use permit from the city of Hampson's Hampton City Council.

14:02

This here is our current diagram of our existing use permit table.

14:07

The item here in the category shown in red is the addition of smoke or vape shop in our category.

14:14

And if you scroll over to the red C3, it's going to require a C a use permit which will go before the board for review, and it will also be required to follow the section 3-357, which will be the supplemental standards for that ordinance section.

14:37

Okay.

14:38

All right, so within chapter three, in addition to approving the use the category of defining intern, we also wanted to include some additional standards and regulations for smoke or vape shops.

15:00

Those regulations or additional standards would require the smoke or vape shop to be a minimum distance from any school or daycare, establish a minimum distance requirement between smoke shops, smoke or vape shops, regulate the hours of operation, and require additional operational standards and characteristics.

15:15

So here on this um cat on this form or on this chart, we've kind of broken down exactly what we put um in written terms and outlined it out.

15:26

So the 9 a.m.

15:27

to 8 p.m.

15:29

This is the hours that we're proposing to restrict the use of smoke or vape shops for establishments.

Discussion Breakdown — Share of Meeting
Public Safety███████████████████████23%
Procedural███████████████████19%
Personnel Matters██████████████████18%
Public Engagement████████8%
Cannabis Regulation██████6%
Youth Programs██████6%
Public Health██████6%
Environmental Protection█████5%
Zoning and Land Use███3%
Summary of Proceedings

Hampton Planning Commission Meeting - December 18, 2025

The Hampton Planning Commission convened on December 18, 2025, to consider a zoning ordinance amendment regarding smoke and vape shops, receive a report from the Hampton Youth Commission, and honor the departing Chair, Michael Harris, who is transitioning to the role of Commissioner of the Revenue. The meeting concluded with a unanimous vote on the proposed zoning changes, subject to a specific amendment regarding buffer distances.

Consent Calendar

  • The Commission voted unanimously to approve the November 2025 meeting minutes with amendments.

Public Comments & Testimony

  • No public comments were solicited or recorded during this meeting's public hearing segment; the Chair opened and immediately closed the hearing for the agenda item prior to the motion.

Discussion Items

  • Zoning Ordinance Amendment 25-0377 (Smoke/Vape Shops):
    • Proposal: Zoning Administrator Melvion Fulgrim presented a proposal to formally define "smoke or vape shops" in Chapter 2, permit them only in C3 general commercial districts with a use permit in Chapter 3, and update parking standards in Chapter 11. The proposal includes a required 1,000-foot linear distance from schools/daycares, an initial proposal of a 0.5-mile buffer between shops, restricted hours (9 a.m. to 8 p.m.), a ban on drive-throughs, restrictions on exterior illumination, and window coverage limits.
    • Position on Marijuana: Staff and Commissioners clarified that if retail marijuana becomes legal in Virginia, existing smoke/vape shops would not gain non-conforming status; they would be required to obtain a specific use permit to sell marijuana products, adhering to the same statutory distances.
    • Commissioner Position (Increased Buffer): Commissioner Muggler expressed opposition to the initial 0.5-mile buffer distance. She advocated for an increase to a one-mile buffer between smoke or vape shops to account for density and compatibility.
    • Commissioner Position (Staff): Zoning Administrator Fulgrim presented data and maps indicating existing shop locations, noting that the 1,000-foot distance is dictated by state statute, while buffer distances are subject to city regulation under the Dillon Rule.

Key Outcomes

  • Vote: The Commission voted 6-0 (Vice Chair Rogers, Commissioners Brooks, Coleman, Muggler, DeProfio, and Chair Harris all voted aye) to recommend approval of Zoning Ordinance Amendment 25-0377 to the Hampton City Council.
  • Amendment: The motion passed with a modification increasing the required distance between smoke or vape shops from the proposed 0.5 miles to one mile.
  • Honor Resolution: The Commission unanimously adopted a resolution commending Chair Michael A. Harris for his faithful service from January 2023 to December 2025 (and his prior service on the BZA from 2021-2023), acknowledging his contributions to zoning amendments on short-term rentals, ADUs, and vape shops, as well as his support for the youth commission.
  • Next Steps: The recommended ordinance will be forwarded to the Hampton City Council for final decision.

Meeting Transcript

The City of Hampton's Planning Commission meeting for the month of December Two thousand twenty-five will now come to order. Madam Clerk, can you call the role, please? Commissioner Griffith. Commissioner Muggler. Present. Commissioner De Profio. Chair Harris. Move approval of the November twenty twenty-five minutes with amendments. Any comments by the commissioners. I Commissioner Brooks. I Commissioner Coleman. I Commissioner Muggler. Thank you. I will first read the public hearing protocol. The Planning Commission of the City of Hampton takes pride in being fair and courteous to all parties in attendance. It's important that all involved understand how the commission conducts its hearings and how all persons before the commission should conduct themselves. Individuals other than the applicant or their representative who have signed up to comment on the case will have three minutes to present their comments. All comments must be directed to the commission. No person may address the commission until he or she is 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 please note that unless otherwise stated, the actions taken by 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. Chapter 3, Section 3 2 entitled Table of Uses Permitted to add Smoke or Vape Shop to the Use Table. Chapter 3, Section 3 3 entitled Additional Standards on Uses to add Additional Standards for Smoke or Vape Shop. And Chapter 11, Section 11 2, entitled Parking Spaces Required to add Smoke or Vape Shop to the Parking Table. Here to present on behalf of staff as zoning administrator Melvion Fulgrim. Good afternoon, Chairman of the Board, Vice Chair, members of the body, director of community development, legal counsel, staff, citizens, and guests. My name is Melville Pogum, and I am the current zone administrator for the city of Hampton. The item that I will be bringing before the body is a proposed zoning ordinance amendment for smoke or vape shops, number 25-037. This will affect chapters 2, 3, and 11 to modify or to define the permitted use of smoke and vape shops here in the city of Hampton. The retail sales general use category is an overarching classification that currently includes multiple uses such as smoke and vape shops. These stores typically are medium to small and serve walk-in customers. Just some ideas of what those services look like. Regulating them helps to ensure compatibility and surrounding residential residential, commercial, or mixed use areas. The current proposal would align with the state statute that regulates tobacco product sales, which leads us to 15.2-912.4, the regulation of tobacco and hemp product sales, resale sales locations. This statute is used to identify what type of retail products can be sold, the areas of where they can be sold as far as location and proximity to child care centers and public, private, and parochial schools. On this page here, this is a comparison model of some of the research that we conducted with other localities that currently have vape or smoke or smoke or vape shop language amended or adopted into their ordinances. The table details other localities of their permitting and zoning districts, distance requirements, and permits of approval. Okay, so just to give you a brief overview of exactly how we're breaking down the definition of vape or smoke shops. These products include tobacco sales, hemp products meant to be smoked, or other lawful products designed for human smoking or vaping. This includes what is not limited to electronic smoking or vaping devices, any liquid substances used with them, tobacco products containing nicotine or intended for human use, parts, components, accessories related to smoking or vaping products, whether or not they contain tobacco or nicotine. A smoke or vape shop does not include any business that holds a Virginia alcohol beverage control license. An example of businesses that would be affected by this condition would be like a small mama pop store, which would be like a convenience store, who sells smoke or vape uh products as defined in the amendment. However, our larger chain businesses such as 7-Eleven, Walmart, or Kroger, who have who hold a alcohol beverage license from the department from Virginia would not be affected by this amendment. Furthermore, in preparation for future legislation that could impact the state of Virginia, we've added an addendum that includes retail, marijuana, and product sales. So if the sale of retail marijuana or marijuana products becomes legal in Virginia, a smoke or vape shop may sell those products only if they receive a use permit or amend the use permit, specifically allowing marijuana sales or marijuana sale of products at that location. The business must also comply with all other applicable laws and regulations, including those issued by the state and by the state agency authorized to regulate retail marijuana sales or retail marijuana products, existing smoke or vape shops, including those with legal non-conforming statuses and any other businesses may not sell retail marijuana or retail marijuana products unless they first require, excuse me, obtain a required use permit or amend the use permit authorized for such sale. Moving forward to chapter three, which is our use table chapter, uh, we are hoping to include the actual term of smoke or vape shop to our category. This would permit smoke or vape shops in the general commercial C3 district, subject to additional standards and approved use permit from the city of Hampson's Hampton City Council.

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