Public Meetings - Chesapeake, Virginia

The Chesapeake City Council held a regular meeting on January 16, 2024, at 6:30 p.m. in City Hall Council Chamber. The meeting included a moment of silence for Detective Jarrod Shivers, certification of a prior closed meeting, approval of the agenda with a continuance, consideration of five public hearing items, a detailed presentation on water billing issues, and authorization for a future closed meeting. Public Comments & Testimony - Vic Nicholls (self) spoke on Planning Public Hearing Item A (Joseph's Meadows), questioning the original zoning, profit expectations, tax burdens, and the need for affordable housing under $250,000. He expressed concern that units might be rented rather than sold, and urged that homes be sold, not rented. - Brad Moore (representing South Norfolk Civic League) spoke in support of Planning Public Hearing Item E (text amendment for residential development in South Norfolk Business Overlay District), stating the league fully supported the change after thorough review, and that it would make the area more welcoming to developers. - Taylor Grissom (representing Prempay Development LLC) and Sam Baraki (Civil Engineering and Construction Services) spoke in support of Item A, available for questions. - Jeff Holland (representing Dish Wireless) spoke in support of Item C, available for questions. - John Harbin (representing Chesapeake Land Bank Authority) spoke on Item E, available for questions only. Discussion Items - PLN-REZ-2023-019 Joseph's Meadows (5.5 acres, 28 single-family attached/detached condominium units at 5.3 dwelling units per acre, 392 & 408 Kempsville Road): Planning Director McNamara recommended approval with proffers. Council Member Ritter asked about revised building elevations and whether the City Attorney confirmed that socioeconomic proffers (e.g., price points or rental restrictions) are legally precluded. City Attorney Lindley said case law discourages such proffers and Chesapeake does not request them. Sam Baraki stated that the smallest unit would be in the upper $300,000 range, and the largest around $600,000, making rentals unlikely but not contractually prevented. The motion passed 9-0. - PLN-PUDC-2022-003 Ashburn Meadows (131.8 acres, planned unit development at 208 Peaceful Road) was continued to the February 20, 2024 City Council meeting at the agent's request. Council Member Ritter voted against the agenda amendment that included this continuance. - PLN-USE-CT-2023-001 Dish Wireless Yadkin Road (130-foot wireless tower on existing 110-foot transmission tower, 3015 Yadkin Road): Staff recommended approval with stipulations. Council Member Ike asked Jeff Holland to explain the project; it is for Dish Wireless cell service (not TV) to improve coverage along I-64. Motion passed 9-0. - PLN-TXT-2023-010 (amendments to add definition for "abutting" and clarify building heights for buildings/silos abutting residential property in non-residential districts): Approved 9-0 without discussion. - PLN-TXT-2023-011 (amendments to permit residential development in South Norfolk Business Overlay District): Approved 9-0 after discussion. Council Member Ritter asked about the definition of "party wall," zero-lot-line setbacks, and parking availability. Planning Director McNamara explained that party walls are common walls between separately owned units; zero rear setbacks would be rare and only allowed with a conditional use permit and site plan approval by council. Staff will provide an update on the South Norfolk parking lot project and municipal building parking garage. - Water Billing Issue Presentation: City Manager Price introduced Director of Public Utilities David Jurgens, who explained that longer billing periods (up to 80 days for some accounts) were due to new billing software implementation, staff departures, holidays, and weather. Approximately 30,000 accounts had bills in the 70-79 day range; 2,900 in one cycle hit 80 days. No non-residential accounts were affected. Jurgens outlined steps being taken: voluntary and mandatory overtime, hiring, and using other skilled staff. He described a two-pronged remedy: (1) automatic credits for customers whose consumption was pushed into a higher tier due to the longer period, and (2) future bills will be shorter (55-57 days) to offset the longer bill. All penalties and interest have been suspended, and payment plans are available without penalty. The city will credit affected accounts once the backlogs are cleared. Council Member Newins questioned whether the credits would be applied automatically; Jurgens said yes, but not until the billing period normalizes. Council Member Ward clarified that there was a 2.9% rate increase effective January 1, 2024 (not October 1, 2023), which may have contributed to customer confusion. Council Member Ritter emphasized clear communication: lead with the solution, then explain the problem. The city will use social media, bill inserts, and phone/email to communicate. - Closed Meeting Authorization: A motion was passed (9-0) to hold a closed meeting on January 23, 2024 at 4:30 p.m. to discuss cybersecurity threats. A second motion (8-1) added discussion of appointments to the Chesapeake Bay Preservation Board, Chesapeake Hospital Authority, and South Norfolk Revitalization Commission. Key Outcomes - Joseph's Meadows (PLN-REZ-2023-019): Approved with proffers (9-0). - Ashburn Meadows (PLN-PUDC-2022-003): Continued to February 20, 2024 City Council meeting (agenda amendment passed 8-1, with Ritter dissenting). - Dish Wireless (PLN-USE-CT-2023-001): Approved with stipulations and alternative parking surface request (9-0). - Text Amendment – Building Heights (PLN-TXT-2023-010): Approved (9-0). - Text Amendment – South Norfolk Residential (PLN-TXT-2023-011): Approved (9-0). - Water Billing Remediation: City will automatically credit customers affected by tier shifts; penalties suspended; payment plans available; no action required by customers. Staff to use multiple communication channels. - Future Closed Meeting: Authorized January 23, 2024 at 4:30 p.m. for cybersecurity and board appointments (first motion 9-0, second 8-1).

The Chesapeake Planning Commission held a public hearing on January 10, 2024, beginning at 7:00 p.m. in the City Council Chambers. The primary actions were the unanimous continuance of two related applications for the Copart Auto Sales project due to notification issues, a closed session to discuss commissioner communications with applicants, and the cancellation of the January 24, 2024, meeting. The pre-meeting included a detailed update on the Chesapeake 2045 Comprehensive Plan and committee assignments. Consent Calendar - No consent agenda was presented; the meeting proceeded directly to the continuance and withdrawal items. Public Comments & Testimony - No public comments were made during the public hearing. Discussion Items - Continuance of Copart Auto Sales Applications: Staff requested continuance of two items (PLN-REZ-2023-014 and PLN-USE-2022-030) to the February 14, 2024, Planning Commission meeting due to notification issues with adjacent properties. The proposal involves a conditional zoning reclassification of approximately 30 acres from B-3 (Highway Business) to M-1 (Light Industrial, 22.9 acres) and C-1 (Conservation, 7.1 acres), and a conditional use permit for a wholesale used motor vehicle dealership with an 8-foot fence height exception at 3856 South Military Highway. The commission voted 9-0 to continue both items (motion by Steiner, second by Forbes). - Closed Session: The commission entered a closed session from 7:07 p.m. to 7:19 p.m. to consult with legal counsel regarding planning commissioner communications with applicants and agents concerning pending applications, as permitted by Virginia Code § 2.2-3711(A)(8). The motion to certify that only exempt matters were discussed passed 9-0 (Crews/Forbes). - Cancellation of January 24, 2024, Meeting: Chairman Gerloff asked for objections to canceling the January 24 meeting due to no business; there were none, and the cancellation was approved by unanimous consent. - Comprehensive Plan Update (Chesapeake 2045): Deputy Planning Director Rebecca Benz presented an update during the pre-meeting. Key points included: - Stakeholder committees are meeting; 13 events have been held, reaching approximately 300 people. - Social media engagement: 2,500 individual engagements (clicks, likes, shares) and over 23,000 impressions across platforms. - 500 responses received for the green space survey; a development pattern survey will run from January 15 to February 16, 2024. - The plan focuses on seven areas: connectivity/infrastructure, economic prosperity, environment/resiliency, growth management/rural areas, housing/equity, placemaking/design, and quality of life. - Land use districts will be less prescriptive, focusing on outcomes and character (e.g., low density residential, neighborhood center, urban mixed use). - Upcoming meetings: Indian River Design Guidelines open house (Jan 25), Greenbrier Area Plan update to City Council (Jan 23), Trails and Connectivity Plan open house (Jan 31). - Adoption is targeted for spring 2025. - Committee Assignments: Commissioner Hackworth joined the Art Committee; the Deep Creek Area Plan was added to the project list. Commissioners were asked to review and finalize committee assignments by the next meeting. - Bylaws Review: Chairman Gerloff proposed a 60-day process: review bylaws in February, propose edits, and vote in March. Key Outcomes - Continuances: PLN-REZ-2023-014 and PLN-USE-2022-030 were continued to the February 14, 2024, Planning Commission hearing by a 9-0 vote. - Closed Session: Approved 9-0 to enter closed session; certification of closed session also passed 9-0. - Meeting Cancellation: The January 24, 2024, Planning Commission Public Hearing was canceled by unanimous consent. - Next Steps: The commission will review proposed bylaws changes in February and vote in March. The Chesapeake 2045 Comprehensive Plan updates will continue with stakeholder meetings, surveys, and commission “two by two” sessions.

The Chesapeake City Council held a work session at 5:15 p.m. and a regular meeting at 6:30 p.m. on January 9, 2024, in the City Hall Council Chamber. The work session featured an update from the Campostella Task Force on holistic violence reduction efforts. The regular meeting included approval of a consent agenda, multiple funding appropriations, board nominations and appointments, and discussion of future action items. All regular agenda items passed 8-0, with Vice Mayor de Triquet excused. Consent Calendar - Accepted resignation of Patsy Foster from the Chesapeake OPEB Finance Board. - Approved Resolution 24-R-001 issuing a certificate of public convenience and necessity to Potts8K Taxi Corp Transportation (Police). - Accepted and transferred $27,377 in Technology Trust Funds from the Commonwealth of Virginia to the Clerk of the Circuit Court. - Accepted and transferred $20,879 from the Department of Criminal Justice Services to the Community Corrections Agency grant (Human Services). - Accepted and transferred $10,836 from the Bureau of Justice Assistance to the FY 2023 State Criminal Alien Assistance Program grant (Sheriff). - Accepted and transferred $40,992 from the Supreme Court of Virginia to the Chesapeake Behavioral Health Docket Grant and established one part-time Clinician I position (CIBH). - Accepted and appropriated $599,647 from the Department of Behavioral Health and Developmental Services to the Permanent Supportive Housing Program and added six positions to support the program (CIBH). - Adopted Resolution 24-R-002 supporting an application for Virginia Highway Safety Improvement Program funding (Public Works). - All consent items approved unanimously 8-0. Public Comments & Testimony - Vic Nicholls (on agenda items): Commented on use of one-time high priority account funds, and recommended Blaizen Bloom for the Chesapeake Bay Preservation Area Board and Lionell Spruill, Sr. for the Chesapeake Hospital Authority. - Faith Winstead (non-agenda speaker, representing Chesapeake Office of the Public Defender): Requested the city consider supplemental pay/salary for public defender staff, noting that other Southside cities (Virginia Beach, Suffolk, Norfolk, Portsmouth) already do so. She argued that competitive salaries are needed to recruit and retain attorneys and staff, and that the request represents less than 0.03% of the city budget. She asked for consideration during the FY 2024 operating budget process. - Vic Nicholls (non-agenda speaker): Raised concerns about affordable housing development in Norfolk, malfunctioning traffic lights in Greenbrier, water billing, his recent experience with police presence during a conversation, and an alleged intimation by a city staffer to go easy on questions. He asked for accountability and improvements. Discussion Items - Work Session – Campostella Task Force Update (5:15 p.m.): Dr. Bailey, Captain Landfair of the Chesapeake Police Department, and Matika Sawyer of the League of Advocates presented a holistic update on violence reduction and community development. Key points included: - Reduction in homicides in Campostella Square from four in 2022 to two in 2023. - Violent crime decreased in the Second Precinct in 2023, though overall crime rose 10% due to increases in shoplifting (109%) and auto theft (45%). - The League of Advocates’ four pillars: Safe Passage Program (adult presence at bus stops), Violence Interrupters (street team), Mentoring and Tutoring, and Court Appearances (evictions, crimes) – reported successes and challenges. - Partnerships with police, CRHA, fire department, libraries, schools, and nonprofits; use of gunshot detection technology, license plate readers, and surveillance cameras. - The need for continued work on blight, truancy, and landlord accountability in areas like “the lanes.” - Councilmembers expressed support and requested follow-up reports on: the lanes and surrounding apartment complexes (Councilmember Ritter), and coordination with the Commonwealth’s Attorney’s office on case processing (Councilmember Ritter). - Regular Agenda Item 8A & 8B: Renamed the capital improvement project from “Electronic Purchase Order Workflow” to “E-Bidding/Contracts Management Software Acquisition” and appropriated $76,438 from the one-time high priority account. Approved 8-0. - Regular Agenda Item 9: Modified funding sources for select American Rescue Plan Act funded capital projects. Approved 8-0. - Regular Agenda Item 10: Amended the FY 2024 operating budget to appropriate $4,500,000 to the Non-Departmental Fund ($1,500,000 from the One-Time High Priority Account, $3,000,000 from the Virginia Opioid Abatement Authority) for disbursement to Chesapeake Regional Medical Center for construction of an acute inpatient behavioral health unit. Approved 8-0. - New Business – Zoning Ordinance Amendments: Councilmember Ike requested an initiating resolution directing staff to establish proper setbacks at permit issuance, recommend setbacks for temporary signage, and ensure compliance with state law on infractions and civil penalties. - New Business – Public Defender Support: Councilmember Newins requested information on how neighboring cities supplement their public defender offices, to be included with the mayor’s request for follow-up on Ms. Winstead’s comments, and expressed support for adding this to the council’s budget priority list. - New Business – Civic League Update: Councilmember Ward commended the Southside Civic League for community involvement, including holiday assistance and efforts to improve lighting and reduce crime. - New Business – Abilities Pageant: Councilmember Bunn invited council to the 2024 Chesapeake Abilities Pageant on January 14, 2024, at 4 p.m. at the Chesapeake Conference Center. Key Outcomes - Consent Agenda approved 8-0. - Regular Agenda Items 8A, 8B, 9, and 10 all approved 8-0. - Boards and Commissions Nominations: Six individuals nominated for interviews (to be conducted January 16, 2024): - Chesapeake Bay Preservation Area Board: Benjamin Green, Justin Mathews, Blaizen Bloom, Theresa Harris (alternate). - Chesapeake Hospital Authority: Bill Mitchell, Lionell Spruill, Sr. - South Norfolk Revitalization Commission: Sabrina Bankes, Andre Council. - Appointments (no interview required): - Chesapeake Interagency Consortium: Nicole Taylor-Baptiste (Health Department representative) appointed without objection. - Chesapeake OPEB Finance Board: Benton “Ben” White, Jr. appointed without objection. - Closed Meeting scheduled for January 16, 2024 at 4:40 p.m. to interview candidates – motion passed 7-1 (Councilmember Ritter opposed). - Directives to Staff: - Mayor West requested staff research the public defender salary supplement request and schedule follow-up meetings. - Councilmember Newins requested comparative data from other cities on public defender funding. - Councilmember Ike’s request for a zoning ordinance amendment initiating resolution will be prepared by staff.

The Chesapeake City Council held a regular meeting on December 19, 2023, at 6:30 PM in the City Hall Council Chamber. The meeting focused on seven public hearing items involving zoning reclassifications and conditional use permits. All council members were present, with Council Member Ike abstaining from items A and B due to a potential conflict of interest. The meeting concluded with approvals on all items, though some votes were divided. Public Comments & Testimony - Items A & B (Luray Mini-Storage): No speakers from the public. Applicants Nick Baum and Bill Burnette spoke in support. - Item C (Elizabeth Harbor Drive): No public speakers. Applicants Grady Palmer and Rodney Flores spoke in support. - Item D (Kaiser Professional Office): No public speakers. Applicant Jeff Kaiser and agent Jay Leftwich spoke in support, emphasizing that sidewalks were the sole point of contention with staff. - Item E (Cross General Contractors): No public speakers. Applicant Sam Baraki spoke in support. - Item F (Stray Cat Tattoo): No public speakers. Applicant Jessica Starling and supporter Vic Nicholls spoke in support. - Item G (String Rx): Twenty-five speakers total: 20 in support and 5 in opposition. Supporters included the applicant Daniel Schank and his wife Emily Schank, local tennis and bowling coaches, athletes, and customers who praised his expertise and the community value of the home-based business. Opponents, all neighbors, argued that a retail/service business violated neighborhood covenants, would reduce property values, and was inappropriate for a residential area. Discussion Items - Items A & B (Luray Mini-Storage): Planning Director McNamara recommended approval, noting compatibility with the South Gateway Character District. Council Member Ward moved approval, seconded by Carey. No further discussion. Approved 7-1 (Ritter opposed, Ike abstained) for both items. - Item C (Elizabeth Harbor Drive): Staff recommended approval. Council Member Ward moved approval with proffers, seconded by Bunn. Approved 9-0. - Item D (Kaiser Professional Office): Staff recommended denial due to lack of pedestrian connectivity (sidewalks). Applicant argued that sidewalks were not necessary on Waters Road, calling it a "sidewalk to nowhere." Council Member Ritter questioned the legality of requiring sidewalks and confirmed the city already held right-of-way. Council Member Carey noted that staff was implementing a vague council policy on sidewalks and suggested more strategic prioritization. Council Member Bunn confirmed sidewalks were the sole reason for staff's denial. Motion to approve with proffers and alternative parking surface passed 8-1 (Whitaker opposed). - Item E (Cross General Contractors): Staff recommended approval. Council Member Ward moved approval with stipulations and alternative parking, seconded by Whitaker. Approved 9-0. - Item F (Stray Cat Tattoo): Staff and Planning Commission recommended approval, with the commission removing a landscaping stipulation. Council Member Ike moved approval with stipulations as revised, seconded by Whitaker. Approved 9-0. - Item G (String Rx): Staff and Planning Commission recommended approval with stipulations. Extensive debate centered on whether the home-based business (racketing stringing and bowling ball drilling) constituted a retail operation, potential traffic impacts, and enforcement of private covenants. Council Member Ritter proposed an amendment to stipulation 3 to add "no retail sales of rackets or balls at the residence," which the applicant accepted. The motion was amended to include revisions to stipulations 2 and 3. Council Member Ike opposed, stating the business had grown too large for a residential setting and urging the applicant to move to retail space. The motion passed 7-2. Key Outcomes - Item A (REZ-2023-017): Approved 7-1 (1 abstention). - Item B (USE-2023-027): Approved 7-1 (1 abstention). - Item C (REZ-2021-026): Approved 9-0. - Item D (REZ-2023-013): Approved 8-1. - Item E (USE-2023-007): Approved 9-0. - Item F (USE-2023-011): Approved 9-0. - Item G (USE-2023-030): Approved 7-2, with amended stipulations prohibiting retail sales of rackets and balls at the residence.

The Chesapeake Planning Commission convened at 7:00 PM on December 13, 2023, in the City Council Chamber to conduct a public hearing on nine applications, including a continuance, consent agenda items, and regular agenda items. The commission also held its annual officer elections and canceled the December 27 meeting. The meeting adjourned at 10:28 PM. Consent Calendar - Approved the November 8, 2023, Public Hearing Minutes by unanimous consent. - PLN-USE-2023-029 (McGhee’s Concrete) – Continued to the February 14, 2024, hearing (8–0; Forbes excused). - PLN-REZ-2023-017 and PLN-USE-2023-027 (Luray Mini-Storage) – Approved as recommended (7–0–1; Gilbert/Sgueglia; Stichler abstained; Forbes excused). The rezoning changes 2.6 acres from B-1 to B-2 with proffers; the use permit allows a mini-storage facility. - PLN-USE-CT-2023-001 (Dish Wireless Yadkin Road) – Approved with stipulations (8–0; Forbes excused). Allows a wireless antenna on an existing 110-foot transmission tower, total height 130 feet. - PLN-TXT-2023-010 (Building Height Clarification) – Approved (8–0; Forbes excused). Adds a definition of “abutting” and clarifies maximum building heights near residential properties. Public Comments & Testimony - Luray Mini-Storage: No opposition; applicant representatives Nick Baum and Thomas Retnaue were available for questions. Commissioner Stichler abstained citing a potential conflict of interest. - Dish Wireless: No opposition; Paul Froehlich of Dewberry Engineers stood in for Jeff Holland and noted Holland would return in January. - Joseph’s Meadows: Proponents Sam Baraki and Taylor Grissom highlighted infill development, smart growth, and community outreach. Opponents Dr. Alan Tieu, Wing-Yee Yeung, and Leon Sykes (residents of English Oaks) expressed concerns about increased traffic through their neighborhood, limited egress to Kempsville Road, lack of direct outreach, and potential retention pond overflow. - Ashburn Meadows: Proponents Grady Palmer, Rob Prodan, Sam Baraki, Tom Retnaue, and Charles Smith cited connectivity benefits, road/water extensions, housing diversity, and traffic improvements. Opponents Mark Williamson, Jennifer Knight, Paul von Mosch, David Kemether, Scott Lindahl, and Fred Garrett (Caroon Farms Civic League president) objected to density, townhomes, commercial uses, school capacity (Southeastern Elementary at 151% capacity), and compatibility with rural character. - South Norfolk Text Amendment: Brad Moore, president of the South Norfolk Civic League, supported the change, noting the neighborhood could benefit from residential development while retaining design oversight. - Virginia Reliability Project: Proponents B.J. Perry, Aaron Rohlfing, Dominic Passanita, and several union representatives (Chris Macy, Raymond Staton Jr., Brady Horn, Chris Pigali, Clayton Kilgore, William Allen) emphasized job creation, economic output (over 3600 jobs and $500 million), safety upgrades, and reduced impacts to the Great Dismal Swamp. Opponents Bruce McDaniel, Susan Scerbo, Kelly Hengler, Jennifer Knight, Robert Bricker, Charles Brown II, Jeff Staples, and Linda Tindell raised safety risks from a larger 24-inch pipeline, proximity to homes and schools, methane leakage, lack of outreach, and inconsistency with the Comprehensive Plan. Discussion Items - Joseph’s Meadows (PLN-REZ-2023-019): Commission discussed connectivity to the neighboring English Oaks subdivision, traffic impacts, and community outreach. The applicant explained that the main entrance was moved to reduce stacking at the Green Tree traffic signal. - Ashburn Meadows (PLN-PUDC-2022-003): Extensive discussion covered the proposed 131.8-acre PUD with 398 units (townhomes from $425,000; single-family homes up to $700,000+), school capacity issues, the land use plan’s office/research designation, and the applicant’s willingness to limit certificates of occupancy. Staff noted the density reduction from 491 units, removal of apartments in favor of townhomes, preservation of a 1700s cemetery, and the contested removal of three large trees. The commission also heard that the project would extend Edinburgh Parkway and a 12-inch water main. - South Norfolk Business Overlay (PLN-TXT-2023-011): Staff explained the amendment allows residential as a conditional use in the overlay, enabling case-by-case review and application of design standards. Commissioner Steiner expressed concerns about losing commercial focus; staff and the Civic League responded that residential would fill gaps and support revitalization. - Virginia Reliability Project (PLN-2232-2023-003): The commission clarified that the 2232 review addresses only the location, character, and extent of the 6,200-foot easement shift out of the Great Dismal Swamp, not the pipeline’s use. Staff confirmed the new easement is on industrially zoned, non-residential property. The applicant explained that the new 24-inch line would operate at the same pressure (600 psi) and that the existing 12-inch line would be replaced, while the 16-inch line remains. Key Outcomes - PLN-USE-2023-029: Continued to February 14, 2024 (8–0). - PLN-REZ-2023-017 & PLN-USE-2023-027: Approved (7–0–1). - PLN-USE-CT-2023-001: Approved (8–0). - PLN-TXT-2023-010: Approved (8–0). - PLN-REZ-2023-019: Approved with proffers (8–0; Stichler/Barefield). - PLN-PUDC-2022-003: Motion to approve failed (3–5); denial motion carried (7–1). - PLN-TXT-2023-011: Approved (7–1; Gerloff opposed). - PLN-2232-2023-003: Approved (7–1; Steiner opposed). - Election of Officers: Joshua Gerloff elected Chair, Clinton Crews elected Vice Chair, and Kristina Forbes elected Secretary (each 8–0). Gilbert Bostwick reappointed Recording Secretary by acclamation. - Meeting Cancellation: The December 27, 2023, Public Hearing was canceled by unanimous consent.

This meeting of the Chesapeake City Council included a work session beginning at 4:45 PM and a regular session starting at 6:30 PM. The work session covered the Industrial Waterfront Study, the Annual Comprehensive Financial Report, and an update on the Comprehensive Plan. The regular session addressed agenda approval, a presentation of the Virginia Municipal League Innovation Award, a public hearing, public comments on agenda and non-agenda items, a consent agenda, several regular agenda items, new business items, and a closed meeting. Work Session Topics - Industrial Waterfront Study: Consultants from Wagner & Ball presented findings on the economic development potential and climate resilience of the waterfront along the Elizabeth River. Key strategies included resilience and adaptation, industry opportunity, connected ecologies, and community connectivity. The plan is expected to go to the Planning Commission in February 2024 and to City Council in March 2024. - Annual Comprehensive Financial Report: The city received an unmodified (clean) audit opinion for FY 2023. Highlights included a $24 million increase in general fund balance to $420 million, a $9.6 million increase in unassigned fund balance, and strong revenue performance from sales tax, business license tax, and restaurant tax. The city's fund balance policy was updated to a minimum of 12%. - Comprehensive Plan Update: Director of Planning James McNamara reported on the Chesapeake 2045 plan update. Seven focus areas were identified. Over 300 residents were engaged at 13 events, and additional outreach is planned through stakeholder groups and community meetings. The goal is to present the plan for adoption in spring 2025. Consent Calendar - Approved (unanimous): Consent agenda items except City Clerk Item 1(A). This included: - Acknowledgements for rezoning applications (PLN-REZ-2022-008 Dominion and Scenic Mixed Use and PLN-REZ-2023-014 Copart Auto Sales) – these were acknowledged and tentatively scheduled for Planning Commission on January 10, 2024. - Resignations from Baxter Ennis (Chesapeake Hospital Authority), Veronica Hill (Citizens Advisory Committee), Kevin Finn (Board of Historic and Architectural Review), and Cynthia Jackson (Animal Services Advisory Board). - Resolution rescinding a lease with Glenn Weatherly Farms, LLC for 36 acres of farmland at Deep Creek Park. - Acceptance of $500,000 in state opioid response funds. - Acceptance of $8,177 in additional litter prevention and recycling grant funds. - Resolutions for new leases at Great Bridge Locks Park (11.7 acres) and Deep Creek Locks Park (19.0 acres), each with $8,970 payment to the Army Corps. - Ordinance amending Chapter 38 (Health and Sanitation) to align with state and federal laws. - Item Removed: City Clerk Item 1(A) (Dominion and Scenic Mixed Use) was removed by Council Member Whitaker due to a conflict of interest. Public Comments & Testimony - Public Hearing on Elbow Road Bridge Replacement: No public speakers; resolution authorizing property acquisition (fee simple, leasehold, easements) by agreement or condemnation was approved unanimously. - Comments on Agenda Items: Five speakers supported amending the 2024 Legislative Program to address hunting on Indian River: - Vic Nicholls (self) commented on agenda item 9 and new business items A and B. - Rogard Ross, Gary Ball, James Haluska, and Michelle Tarrant (all representing Friends of Indian River) urged the city to seek state legislation allowing enforcement of existing firearms discharge ordinances on state waters (Indian River) or to prohibit hunting there due to proximity to residential neighborhoods. - Non-Agenda Comments: Six speakers addressed various topics: - Vic Nicholls (self) criticized council actions and budget transparency. - Jennifer Economy (self) requested preservation of rural southern Chesapeake and addressing by-right development loopholes. - Linda Tindell (self) described drainage issues and flooding from development on West Road. - Jennifer Knight (self) supported rural relief and asked for immediate closure of zoning loopholes. - Rogard Ross (Friends of Indian River) reported on progress of the Indian River Small Area Plan, noting some successes (Blue Heron Landing, McDonald Manor funding) but slow action on pedestrian safety, stormwater, and economic development. - Antonio Taylor (Chesapeake Rural Preservation) advocated for farmer safety (traffic signs, tree overhang) and protection of farmland. Discussion Items - 2024 Legislative Program (Item 9): City Manager Price presented the program, which was amended at the start of the meeting to include amendments to Virginia Code Sections 46.2-881.2, 46.2-844, and 15.2-968.1. Following public comments, Vice Mayor de Triquet directed the City Manager and City Attorney to research all possible methods to address the Indian River hunting issue and potentially add it to the legislative package. Council Member Newins raised the issue of first responders being unable to provide emergency care to working K9s not solely owned by the city, asking to add an exception to the veterinary medicine practice act. The City Manager agreed to research both topics and report back. The legislative program as amended was approved unanimously. - Consideration of Concealed Weapon Permit Fee Reduction (Item 10): Removed from the agenda per the approved motion; Council Member Whitaker asked that it be considered in the next budget process. Council Member Newins voted against the agenda removal, stating the fee reduction should take effect now. - New Business A – Fence Setback and Height Requirements: Initiating resolution requesting Planning Commission to consider amending Article 14 of the Zoning Ordinance for corner lot fence regulations. Approved unanimously. - New Business B – Subdivision and Zoning Definitions: Initiating resolution to amend definitions of subdivision, add definitions for conservation, open space, and agricultural divisions, and update development standards in conservation and agricultural districts. Council Member Ritter credited Mayor West for initiating the process and encouraged public input. Approved unanimously. - Additional New Business: Council Member Bunn moved to grant city employees a full holiday on December 22, 2023 (expanding from a half-day). Approved unanimously. Key Outcomes - Agenda Approval: Approved as amended (removing Item 10, amending Item 9) by a vote of 8-1 (Council Member Newins dissenting on removal of Item 10). - Elbow Road Bridge Replacement: Resolution authorizing property acquisition approved unanimously (9-0). - Dominion and Scenic Mixed Use Rezoning (Item 1A): Acknowledged as a future item; Council Member Whitaker recused himself; approved 8-0. - CRHA Legal Entities Resolution: Approved unanimously (9-0) to facilitate revitalization of Peaceful Village and MacDonald Manor. - CRHA Multifamily Housing Revenue Bonds: Up to $12,500,000 for Peaceful Preservation LLC approved unanimously (9-0). - PILOT Agreement for Affordable Rental Housing: Approved unanimously (9-0). - 2024 Legislative Program: Approved as amended (unanimous, 9-0), with direction to research Indian River hunting and K9 emergency care issues. - Closed Meeting: Held from 7:44 PM to 8:08 PM to discuss pending litigation and a prospective business opportunity. Council Member Ritter abstained due to potential conflicts. Closed meeting certification approved unanimously (8-0).

Date: November 28, 2023 Time: Work Session at 5:00 p.m.; Regular Meeting at 6:30 p.m. Location: City Hall Council Chamber, 306 Cedar Road, Chesapeake, VA The Chesapeake City Council held a combined work session and regular meeting on November 28, 2023. The work session (5:00–6:04 p.m.) included discussions on the FY24 legislative package and a rural planning update. The regular meeting (6:30 p.m.–10:33 p.m.) featured special recognitions, a statement condemning antisemitism, public hearings on nine planning items, and several administrative actions. Key decisions included approval of battery storage zoning amendments, several rezoning and use permit approvals, revocation of a conditional use permit for a wood debris mulching facility, and direction to staff to initiate an ordinance closing the agricultural subdivision loophole. Consent Calendar - The proposed agenda was approved (9-0), including withdrawal requests for two Dignity Funeral Services items (E and F). Public Comments & Testimony - Betty Ann Levin and Art Sandler (both representing United Jewish Federation of Tidewater) expressed gratitude for the mayor’s resolution condemning antisemitism and urged continued leadership against hate. Sandler noted this was the first such resolution by a mayor in the region. - Thomas Turner (Conservatives for Clean Energy) spoke in support of the battery storage text amendment, urging a deliberate approach to clean energy policy. - Vic Nicholls (self) opposed the battery storage amendment, raising concerns about taxpayer liability and emergency access. - Maggie Howe (East Point Energy) and Matt Boys (Aypa Power) opposed the battery storage amendment, arguing that NFPA 855 standards (10-foot setback) should be followed rather than the proposed 300-foot setback; they also raised concerns about layered fire protection requirements limiting vendor options. - Noah Ryder (fire protection engineer, principal member of NFPA 855) confirmed that NFPA 855’s 10-foot and 100-foot setbacks are consensus-based safe standards. - Grady Palmer, Brian Staub (Marlyn Development), and David Abraham (Beth Shalom Village) spoke in support of the Arbors at Battlefield project, citing urgent need for senior housing, 20% affordability set-aside, and backup generators. - Chandra Gallup (Franklin Johnston Group) spoke in support of Marlyn Development’s senior communities based on her management experience. - Markiella Moore (self) opposed the Arbors project, arguing it should wait for the Greenbrier Area Plan to be completed and noting that the staff report recommended continuance. - Randy Royal (Kimley-Horn), Jim Scalzo and Morgan Whayland (Virginia Natural Gas), Karen McPherson (traffic consultant), and Gene Waters (Clearfield Community Steering Committee) spoke in support of the Clearfield Regional Office rezoning, citing job creation, $50 million investment, and minimal traffic impact. - Vic Nicholls (self) offered comments on the Clearfield item, questioning the city’s ability to optimize signal timings. - For the revocation of Recycled Properties’ CUP, John King and Ellen Bergren (City of Chesapeake staff) presented evidence of four notices of violation for processing prohibited materials (asphalt, concrete) since 2019. - Jennifer Tucker, Christina Lufrano, Kasha Yee, Rafael Garraton, Leanne Dahl, Angela Hebert, Justin Westall, Jeremy Rodden, and Daren Mainer (residents of Dominion Lakes and adjacent neighborhoods) spoke in support of revocation, citing continuous noise, dust, odor, vulture infestations, health impacts, and safety hazards. - Bryan Plumlee, Nicole Pasho, David Oakley, Lauren Curtin, Brian Bass, Von White, Taylor Fichter, Blake Fisher, Kayla Alvarez (not present), Nate Sebura, John Marmoudis, and Bryan Conley (Recycled Properties, LLC, and affiliated parties) spoke against revocation, arguing that notices were defective (not sent by registered mail), stockpiling is not processing, the city itself delivers materials to the site, and revocation would harm jobs and regional construction projects. - Nick Baum (Burnette Baum Development Corporation) requested concurrent advertising for a mini-storage project at 739 Battlefield Boulevard. Discussion Items - Legislative Package (Work Session): Legislative Affairs Director David Westcott presented the FY24 legislative package, including top priorities: local excise tax on vaping products, allowing retired law enforcement to review photo monitoring violations, petition of landowners, and continued funding for Chesapeake Career Academies. Supportive initiatives included adding animal control officers and park rangers to public safety officer definitions, and supporting local land use authority. Council Member Bunn requested adding park rangers; the city manager noted likelihood of success but agreed to support if introduced. Council Member Newins suggested expanding photo monitoring to school zones and buses. - Rural Planning Update (Work Session): Planning Director James McNamara presented results from six rural area listening sessions (September–October 2023). Key themes: desire to preserve rural lifestyle (quiet, nature), concerns about rapid growth, flood risks, inadequate infrastructure, and “plastic Chesapeake” (low-quality development). Participants split between protecting property rights and controlling growth. Staff recommended: (1) closing the agricultural subdivision loophole by requiring an easement for agricultural use, (2) creating standards for an agricultural PUD (farming villages), and (3) updating the comprehensive plan. Council Member Ritter directed staff to prepare an initiating resolution to close the loophole. - Battery Storage Zoning Amendment (PLN-TXT-2023-005): After continued debate, the motion to approve the November 27, 2023 version prevailed. Discussion focused on the 300-foot setback vs. NFPA 855’s 100-foot recommendation. Fire department representatives explained the 300-foot operational staging zone. The final version allows council to reduce the setback to 100 feet on a case-by-case basis. Vote: 7-2 (Council Members Ward and Whitaker opposed). - Gray Farm Rezoning (PLN-REZ-2022-011): Approved 9-0 with proffers limiting the subdivision to 32 single-family detached homes, with architectural standards, a minimum 1,800 sq. ft. living space, 1.5-car garage, 6-foot front porch, and road improvements including Willow Lake Road. - The Arbors at Battlefield (PLN-REZ-2023-008 and PLN-USE-2023-012): After extensive debate, the rezoning was approved 5-4 (Bunn, Ike, Ritter, Ward, Whitaker yes; Carey, de Triquet, Newins, West no). Council Members who opposed cited inconsistency with the current land use plan and desire to wait for the Greenbrier Area Plan. The conditional use permit for height exception (up to 60 feet) was approved 7-2 (Carey and de Triquet opposed) with an added stipulation requiring generators sufficient for continual power during outages, as determined by the fire chief. The project includes 183 independent senior units and up to 100 assisted living/memory care units, with 20% of independent units set aside as affordable (80% AMI). - Clearfield Regional Office (PLN-REZ-2023-020): Approved 9-0 for a Virginia Natural Gas regional office on 30.3 acres. Proffers include a traffic signal at Clearfield/Discovery, right-turn lane, optimized signal timings, Resource Row extension, $315,000 cash contribution, and tree preservation. - Revocation of Recycled Properties CUP (PLN-USE-2023-033): After hearing from 23 speakers and attorney arguments, the council voted 8-0 (Council Member Ritter abstained) to revoke UP-00-42 for willful and recurring noncompliance with stipulations (processing asphalt and concrete). The resolution cites four notices of violation since 2019. The city attorney confirmed proper notice procedures. - Billboard Text Amendment (PLN-TXT-2023-002): Approved 9-0, allowing certain billboards on sites with buildings subject to a conditional use permit. - Concurrent Advertising (New Business): Approved 9-0 for Luray Mini-Storage (PLN-REZ-2023-017 and PLN-USE-2023-027) to allow expedited processing due to contract deadlines. Key Outcomes - Approved: Battery storage text amendment (7-2); Gray Farm rezoning (9-0); Arbors at Battlefield rezoning (5-4) and use permit (7-2); Clearfield Regional Office rezoning (9-0); revocation of Recycled Properties CUP (8-0, 1 abstention); billboard text amendment (9-0); concurrent advertising for Luray Mini-Storage (9-0). - Withdrawn: Dignity Funeral Services rezoning and use permit (requested by agent). - Directives: Council Member Ritter directed staff to prepare an initiating resolution (for the December 12, 2023 meeting) to amend the zoning and subdivision ordinances to close the agricultural subdivision loophole. - Closed Meeting: Council held a closed session from 10:24 p.m. to 10:33 p.m. to discuss a prospective business opportunity and investment of public funds (topic 2; Council Member Ritter abstained from topic 2). Both topics were certified as compliant with Virginia law.

On November 14, 2023, the Chesapeake City Council held a work session from 5:00 p.m. to 6:00 p.m. and a regular meeting from 6:30 p.m. at City Hall, 306 Cedar Road. The work session focused on transportation updates from VDOT and local projects. The regular meeting included a public hearing on a Dominion Energy easement, approval of multiple resolutions and appropriations, citizen comments, and a closed meeting. Work Session – Transportation Update Virginia Department of Transportation (VDOT) Update - Christopher Hall, VDOT District Engineer, presented on the I-64 Express Lanes Network, a 45-mile continuous system expected to be fully operational by calendar year 2028. The high-rise bridge project (HREL Chesapeake segment) paving is expected to complete by early December 2023, with a phased opening to traffic in December and tolling starting mid-to-late February 2024. The 464 interchange reconfiguration (new flyover bridge) will be awarded after the new year. The Bowers Hill interchange environmental impact statement (EIS) record of decision is expected early 2024, with design to start by summer 2027. A regional traffic management plan with 12 priority strategies was outlined. Local Transportation Projects - Director of Public Works Earl Sorey provided an update on 46 active projects. Key projects include: - Elbow Road Widening Phase 2: Two lanes each direction, right-of-way acquisition early 2024, environmental permitting a schedule risk. - Mount Pleasant Road Widening: Construction to start later in November 2023, completion mid-2024, budget $10.4 million. - Rural Road Safety Improvement Program: Shillalee Road drainage and shoulder improvements underway; future projects include Land of Promise Road and Parker Road. - Portsmouth Boulevard Gateway Streetscaping: 60% design under review, construction spring 2024, original budget $2.6 million expected to increase. - Triple Decker Bridge Repairs: 40% complete, completion March 2025, budget $11.5 million; Military Highway reduced to one lane each direction for 16 months. - Deep Creek Bridge Replacement: Army Corps of Engineers project, two new bridges, completion fall 2026, total cost $86 million; severe congestion noted, signal timing adjustments ongoing, message boards under consideration. - Councilmember Newins raised concerns about Deep Creek congestion and requested message boards. Councilmember Ward noted a non-functional VDOT message board near the high-rise bridge. Staff will follow up with VDOT. - Councilmember Bunn asked about Virginia Beach's plans for Elbow Road; Sorey reported bids came in $40 million over estimate, delaying their project. Centerville Turnpike Bridge Replacement Study - WSP Consultants presented a feasibility study for replacing the 1955 functionally obsolete bridge carrying 17,000 vehicles per day. Nine alternatives were considered; alternatives 2 (west high-level fixed) and 8 (east high-level fixed) were recommended by public works to minimize property impacts and allow construction without closing the existing bridge. Alternative 8 is the preferred alignment due to least property impacts, best geometry, low utility impacts, and ability to keep the bridge operational during construction. Councilmember Newins requested more information on traffic flow differences between alternative 8 and the no-build alternative. The next steps include a council resolution to approve a preferred alignment and applications for grant funding. Consent Calendar - Approved unanimously (9-0) with the exception of City Manager Item (4) (Verizon franchise extension): - Acknowledgements for rezoning applications: Luray Mini-Storage (2.6 acres, B-1 to B-2) and Joseph’s Meadow (5.5 acres, R-15s to R-MF-1). - Resignations: Michele Catalano (Fine Arts Commission), Adrianna Rivera (Public Art Committee). - Grant acceptance: $166,250 from VDEM for PSAP Staff Recognition Grant; $4,532 from DOJ for Edward Byrne Memorial Justice Grant (both Police). - Resolution authorizing FY24–FY25 Community Services Performance Contract with DBHDS (Chesapeake Integrated Behavioral Healthcare). Public Hearing - Public Hearing Item (Ordinance 23-O-104) – Dominion Energy Compensation Agreement & Easement Expansion - The ordinance authorized a $100,000 compensation agreement with Dominion Energy and expansion of easements on four city-owned properties for the Coastal Virginia Offshore Wind Project. - Speakers in support: Troy Lindsay (Dominion Energy) emphasized environmental benefits (powering 25% of residential customers with no emissions), job creation (over 750 Virginians employed, 500 from Hampton Roads), and the creation of an offshore wind hub. Max Bartholomew and Kyle Keno were available for questions. - Speakers in opposition: Robert Yarborough and Rosalie Yarborough (self) expressed concerns that the easement would infringe on their Elbow Road property, taking front porches and affecting quality of life. They stated they were not notified in advance. - Speaker for comments: Brad Moore (self) expressed displeasure with Dominion Energy and questioned the timing of communications. - Council discussion: Project Manager Kyle Keno clarified that the easement expansion is on city-owned property, approximately a mile from Elbow Road, and does not affect private homes. Director of Public Works Sorey offered to meet with the Yarboroughs to discuss confusion with the road widening project. Councilmember Newins confirmed through questions that the easement is entirely on city property and does not front Elbow Road. - Outcome: Motion to approve (Carey/Ike) passed 9-0. Public Comments & Testimony Citizens’ Comments on Agenda Items - Vic Nicholls (self): Spoke on City Manager Item (4) (Verizon franchise extension), expressing desire for a board or commission to handle cable franchise complaints and feedback. Citizens’ Comments on Services, Policies, and Affairs (Non-Agenda) - Brad Moore (self): Raised streetlight outages in South Norfolk, criticized Dominion Energy’s responsiveness, and asked what the city is doing to hold Dominion accountable. City Manager Price responded that the issue has been elevated to a deputy city manager and a meeting with Dominion is scheduled for Thursday (November 16, 2023). Councilmember Ward inquired about city control over lights; Price noted most are maintained by Dominion and the city relies on relationships. - Cindy Beall (self): Requested a traffic light at Butts Station Road and Clearfield Avenue due to dangerous conditions and cut-through traffic in Clearfield Estates. - Gene Waters (Clearfield Community Steering Committee): Supported the Virginia Natural Gas (VNG) project (estimated $50 million, $400,000+ annual tax revenue) but requested inclusion of a traffic light at Butts Station and Clearfield in the Capital Improvement Budget. He noted 700 flyers distributed and a public meeting with VNG. - Vic Nicholls (self): Commented on various city issues including alleged First Amendment violations, discrimination not recognized in October, recycling dumpster problems in Great Bridge versus Greenbrier, streetlight issues in Greenbrier, and concerns about red-light cameras and school zone cameras. He urged council to address issues in all areas. - Mayor West asked staff to look into remedies for the Clearfield/Butts Station intersection. Regular Agenda Items City Manager Items - Item (4) – Verizon Cable Franchise Extension (23-O-105) - Extended the franchise agreement with Verizon South, Inc. until March 31, 2024, to allow continued negotiations. - Councilmember Ritter asked about incorporating provisions requiring contractors to repair damage and be penalized; City Attorney Lindley agreed to look into it. - Outcome: Motion to approve (Ritter/Newins) passed 9-0. - Items (5), (6), (7) – Multifamily Housing Revenue Bonds for Standard Forest Cove I, II, III - Resolutions approving CRHA issuance of up to $20,200,000 (Forest Cove I), $21,000,000 (Forest Cove II), and $22,500,000 (Forest Cove III) for multifamily housing revenue bonds. - Outcomes: Each passed 9-0 (motions by de Triquet/Whitaker, Ward/Whitaker, Whitaker/Ward respectively). - Item (8) – School Operating Fund and Capital Improvement Program Amendments - Sub-item A: Appropriation of $4,899,673 in state revenue to Chesapeake Public Schools Operating Fund. Approved 9-0. - Sub-item B: Appropriation of $14,678,070 in state grant revenue to School Grant Fund. Approved 9-0. - Sub-item C: Appropriation of $3,000,000 in state funding to Chesapeake Career Center Capital Improvement Project. Approved 9-0. Key Outcomes - Public Hearing Ordinance approved 9-0 to authorize compensation agreement and easements for Dominion Energy’s offshore wind project. - Consent Agenda approved 9-0 except Item (4) which was considered separately. - Verizon franchise extension approved 9-0, with staff to investigate contractor repair provisions. - Three bond resolutions for Standard Forest Cove housing projects (I, II, III) approved 9-0. - School funding appropriations (total $22,577,743) approved 9-0. - Appointment: Jameka Jackson appointed to Chesapeake Interagency Consortium (Juvenile Services representative); one vacancy continued with request to Health Department for a recommendation. - Directives: Staff to meet with Dominion Energy regarding streetlights and report summary to council. Staff to evaluate traffic remedies for Clearfield Avenue/Butts Station Road intersection. A Campostella Square update (including police, community advocates, fly ash status) to be scheduled for a future work session. Councilmember Carey requested a work session on reassessing council priorities. - Closed Meeting: Two closed meetings held: one on litigation (Recycled Properties LLC) with Councilmember Ritter abstaining; one on real property acquisition. Motions to certify both passed 8-0 and 9-0 respectively.

The Chesapeake Planning Commission held a public hearing on November 8, 2023, at 7:00 PM in the City Council Chamber, adjourning at 9:41 PM. The commission considered seven applications: one continuance, two consent items, and four regular agenda items. Key decisions included approval of rezonings and use permits, with varied stipulations and one denial of staff recommendation. Consent Calendar - Cross General Contractors (PLN-USE-2023-007): A conditional use permit to operate a general contractor office, warehouse, and yard with alternative parking surface on a 2.6-acre parcel at 828 Bedford Street (A-1 District). Approved unanimously (9-0) with six stipulations, including a 4-foot landscape berm, health department approval, fire detection system, Knox Box, and opaque fence screening. Public Comments & Testimony - McGhee’s Concrete (PLN-USE-2023-029): James Leftwich (agent) requested a 30-day continuance to hold community meetings. Timothy Ruth and Tonya Moore (neighbors) supported the continuance. Item continued to December 13, 2023 (9-0). - Elizabeth Harbor Drive (PLN-REZ-2021-026): Grady Palmer (agent) spoke in support, citing realignment of Elizabeth Harbor Drive and quality townhouse design. No public opposition. - Kaiser Professional Office (PLN-REZ-2023-013): James Leftwich Jr. (agent) argued that sidewalks would not connect to anything and that the use is compatible. No opposition speakers but staff recommended denial. - Clearfield Regional Office (PLN-REZ-2023-020): Randy Royal, Morgan Whayland (Virginia Natural Gas), Thomas Quattlebaum, Karen McPherson, and Gene Waters (Clearfield Steering Committee) spoke in support. Waters appreciated transparency and requested future traffic improvements at Clearfield Avenue and Butts Station Road. - Stray Cat Tattoo (PLN-USE-2023-011): Jessica Starling (applicant) expressed confusion about landscaping requirement. No public opposition. - String Rx (PLN-USE-2023-030): James Leftwich Jr. (agent) and Daniel Schank (applicant) supported the home occupation, emphasizing compliance and appointment-only model. Neighbors Michelle Pummill, Brian Pummill, Donna Harmond, Kathy Tandi, and Mary Durkin opposed, citing traffic, safety, signage, and property value concerns. Supporters Kim LeClaire, Brian Mallee, and Stephanie Casto praised Schank’s service. Discussion Items - Elizabeth Harbor Drive (PLN-REZ-2021-026): Staff recommended approval for a conditional rezoning of 4 acres from R-15s to R-MF-1 for 29 townhouse condominiums (7.2 du/ac) with eight proffers including sidewalks, right-of-way dedication, and architectural standards. Discussion focused on road connectivity: Jay Tate (Development and Permits Director) noted that the future realignment of Elizabeth Harbor Drive is not a current priority. Commissioner Gerloff expressed concern about unsafe access via a private road to Gum Road. Approved 9-0 (Stichler/Hackworth). - Kaiser Professional Office (PLN-REZ-2023-013): Staff recommended denial because the proposal lacked pedestrian connectivity, inconsistent with B-1 district purpose and comprehensive plan goals. The applicant sought to amend proffers for additional professional office uses on 1.3 acres at 401 Waters Road. James Leftwich Jr. argued sidewalks would not connect to anything. A proffer set limits hours (8:00 AM–6:30 PM Mon–Sat), floor area (2,950 sq ft), and buffer yards. Commission discussion noted right-of-way already dedicated. Approved 9-0 (Gerloff/Stichler), overriding staff recommendation. - Clearfield Regional Office (PLN-REZ-2023-020): Staff recommended approval for a conditional rezoning of 30.3 acres from R-15s and A-1 to M-1 (Light Industrial) for a Virginia Natural Gas regional office with accessory uses. Proffers include a traffic signal at Clearfield Avenue and Discovery Drive, right-in/right-out access, turn lane, signal timing optimization, Resource Row extension, and a $315,000 voluntary contribution. The site will preserve 65% of existing trees. Discussion confirmed no customer traffic, low daily occupancy (fewer than 60 employees), and CNG safety. Commissioner Gerloff raised concerns about the Battlefield/Kempsville Road intersection, but McPherson noted city-funded improvements. Approved 9-0 (Hackworth/Barefield). - Stray Cat Tattoo (PLN-USE-2023-011): Staff recommended approval with three stipulations. Discussion centered on stipulation 2 requiring a landscape plan for deficient shrubs. Commissioner Gerloff argued it was excessive for a tenant occupying only 4% of the building. Applicant Jessica Starling expressed confusion. Assistant City Attorney Benjamin Titter confirmed the commission could remove the stipulation. Approved 8-1 (Gerloff/Sgueglia; Steiner opposed), with stipulation 2 removed. - String Rx (PLN-USE-2023-030): Staff recommended approval for a Level II home occupation (sporting goods repair) at 2144 Hickory Forest Drive. A continuance motion (Hackworth/Barefield) failed 2-7. Discussion added stipulation 2 to include "or independent contractor." Hours of operation (11:00 AM–5:00 PM weekdays, 12:00–4:00 PM Saturday) were discussed but not added as a stipulation because Level II code already limits hours (8:00 AM–6:00 PM). Signage compliance confirmed by staff. Approved 7-2 (Sgueglia/Stichler; Gerloff and Hackworth opposed). Key Outcomes - Continuance: McGhee’s Concrete (PLN-USE-2023-029) continued to December 13, 2023 (9-0). - Approvals: Cross General Contractors (9-0), Elizabeth Harbor Drive (9-0), Kaiser Professional Office (9-0), Clearfield Regional Office (9-0), Stray Cat Tattoo (8-1), and String Rx (7-2). - Stipulation change: Stray Cat Tattoo – stipulation 2 (landscape plan) removed. - Stipulation amendment: String Rx – stipulation 2 amended to include "or independent contractor." - Future meeting: The November 22, 2023, Planning Commission Public Hearing was canceled by unanimous consent due to lack of business.