Public Meetings - Chesapeake, Virginia

The Chesapeake City Council held a work session at 5:00 p.m. to discuss proposed revisions to the City Council Rules of Order and Procedure, followed by a regular meeting at 6:30 p.m. that included several public hearings on rezoning, conditional use permits, and zoning text amendments. All votes were recorded. Work Session: City Council Rules of Order and Procedure - Council members discussed numerous proposed revisions including: limiting speaking length in work sessions to 10 minutes; establishing a clear chain of custody for closed session documents by requiring the presenter to submit a copy to the city clerk; setting a fixed date each year for evaluating council employees (proposed for the last meeting in June); requiring all council employees to have a contract; formalizing the process for a council member to request a closed session by emailing the entire council, city attorney, and city clerk; adjusting the voting procedure for multiple closed session items to allow a single vote unless a member requests separate votes; protecting a council member's right to have an item placed on the agenda unless the majority votes to remove it; creating a clear deadline (Wednesday at 11:00 a.m. preceding the meeting) for agenda item submissions; and establishing a total time limit for public hearings on a single item (with time divided equally among speakers). Vice Mayor de Triquet stated he would collate all comments and schedule another work session for further discussion before any formal vote. Public Comments & Testimony - Item A – Shipyard Road Rezoning: Christine Earley, representing applicant Bryan’s Cove Developers, spoke in support, arguing the parcel is unsuitable for commercial use and that the proposal would preserve 74 acres via conservation easement. James Troutz, president of Bryan’s Cove HOA, spoke for questions only, expressing that the neighborhood lacked clarity on the original PUD’s mixed-use intentions. Grady Palmer spoke in support, calling the rezoning a win-win that would provide affordable housing. - Item B – Currie Ave Tow Yard: Applicant Paul Ezieme spoke for questions only, requesting amendments to stipulations 6, 7, and 9 regarding the commercial driveway, paving requirements, and the timing of bringing vehicles onto the site. - Item D – Get Loose Golf: John Morgan, applicant, spoke for questions only, describing the indoor golf simulator as a private social club. - Item F – Animal Cremation Services: Vic Nicholls spoke in support, explaining the aquamation process (alkaline hydrolysis) and its environmental benefits over traditional cremation. Discussion Items - A. PLN-REZ-2023-002 Shipyard Road: A request to rezone approximately 1.8 acres from PUD to R-10s to allow four single-family homes. Staff and the Planning Commission recommended denial, citing inconsistency with the comprehensive plan and viable existing use. Councilmember Ike moved approval with proffers but found no second. Councilmember Ritter moved denial based on staff findings and the property’s viable current use. The motion to deny passed 9-0. - B. PLN-USE-2022-049 Currie Ave Tow Yard: Applicant requested changes to stipulations on driveway, paving, and timing of vehicle storage. Staff stated these concerns had not been submitted prior to the hearing. Council voted 9-0 to continue the item to the October 24, 2023 meeting to allow the applicant to meet with staff. - C. PLN-USE-2023-008 Like Home Coffee and Treats Church: Conditional use permit for a place of worship, coffee shop, and event space at 2401 Bainbridge Boulevard. Council approved 9-0 with stipulations. - D. PLN-USE-2023-025 Get Loose Golf: Conditional use permit for an indoor golf simulator at 3903 Indian River Road. Council approved 9-0 with stipulations and alternative parking surface. - E. PLN-TXT-2023-005 Battery Storage Zoning Amendment: Ordinance to designate battery energy storage as a conditional use on municipal property and in M-1 districts. Councilmember Ritter requested a 30-day continuance to add proximity-to-residential considerations. The motion passed 8-1 (Councilmember Newins voted against). - F. PLN-TXT-2023-008 Animal Cremation Services: Ordinance to permit animal cremation services as a conditional use in business and industrial districts. Council approved 9-0. Key Outcomes - Denied Shipyard Road rezoning (9-0). - Continued Currie Ave Tow Yard to October 24, 2023 (9-0). - Approved Like Home Coffee and Treats Church (9-0), Get Loose Golf (9-0), and Animal Cremation Services (9-0). - Continued Battery Storage text amendment to November 28, 2023 (8-1). - Councilmember Carey requested an initiating resolution directing staff and the Planning Commission to review fence setback and height requirements for secondary front yards on residential corner lots. - Councilmember Ritter requested updates on the South George Washington Highway rerouting, thanked Deputy City Attorney Ellen Bergen and IT Director Dan Constantineau for their work on the Southside Operational Agreement, and asked staff to provide Virginia Department of Education parameters on daycare facility oversight. - Council held a Closed Meeting from 7:28 p.m. to 7:40 p.m. to discuss a prospective business opportunity and pending litigation (Drum Point Properties, LLC v. City of Chesapeake) as permitted by Virginia Code § 2.2-3711(A)(5) and (7).

The Chesapeake Planning Commission held a public hearing on October 11, 2023, at 7:00 PM in the City Council Chamber, adjourning at 8:34 PM. The commission considered eight applications, including three consent items, three regular agenda items involving rezoning and conditional use permits, and a revocation of a conditional use permit. All votes were unanimous (9-0). Consent Calendar - Gray Farm (PLN-REZ-2022-011): A conditional rezoning of 17.2 acres from A-1 (Agricultural) and R-15s (Residential) to R-10s (Residential) for up to 32 single-family detached homes. Approved with seven proffers including architectural standards, a minimum 1,800 sq. ft. heated living space, and a 6-foot covered front porch. (9-0; Forbes/Crews) - Starbucks Deep Creek (PLN-SPEX-2023-002): A special exception for a cooperative parking agreement at 2726 Moses Grandy Trail. Approved with a stipulation requiring the agreement to be recorded before a certificate of occupancy. (9-0; Forbes/Crews) - Billboards Text Amendment (PLN-TXT-2023-002): An ordinance amending Zoning Article 14, Section 14-706 to permit certain billboards on sites with buildings via a conditional use permit. Approved version dated September 1, 2023. (9-0; Forbes/Crews) Public Comments & Testimony - Gray Farm: Colin Johnson, a resident and co-owner, expressed support for the project. - Arbors at Battlefield (PLN-REZ-2023-008 & PLN-USE-2023-012): - Grady Palmer (applicant) stated the site is ideal for a campus-style senior housing community due to proximity to retail, restaurants, and Chesapeake Regional Hospital. He noted the urgent need for affordable senior housing, citing a proffer setting aside 20% of units for households at 80% of area median income. - Brian Staub (Marlyn Development) reported that their similar 163-unit senior community, The Arbors at Western Branch, was 100% leased within six months of opening. He stated that across their portfolio of 1,300 senior units, occupancy is over 99%. He highlighted that Chesapeake’s senior population increased by 12,000 people over the last decade, rising from 10% to 14% of the total population. - David Abraham (Best Care Senior Living) noted that for the first time, there are more people over 65 than children under 5. He stated that a new assisted living project in Virginia Beach has 95% of its units pre-leased with deposits a year before opening. - Dignity Funeral Services (PLN-REZ-2023-011 & PLN-USE-2023-022): - Kimberly Shephard (agency) explained that the applicant seeks to reunite two parcels previously split, returning the rear residence to commercial use (office or family gathering space) and vacating the interior property line. She confirmed no deceased bodies would be stored in the rear building. - Revocation of UP-00-42 (PLN-USE-2023-033): - Bryan Plumlee (attorney for Recycled Properties) argued that the hearing was improperly advertised, that the Zoning Administrator lacked authority to make a willful noncompliance determination, and that a pending appeal to the Board of Zoning Appeals should stay the proceedings. He claimed the City Council’s initiating resolution had preemptively made findings. - Christina Lufrano (Dominion Lakes HOA president) stated the community has submitted videos, photos, and emails documenting ongoing violations, including trucks unloading after 9 PM, debris on roads, and asphalt strewn on the neighborhood entrance and on-ramp to US 17. She reported that the operation has created a safety hazard and environmental concerns. - Daren Mainer (resident) agreed with the city’s findings of willful noncompliance. - Douglas Bass (resident) described a continuous stench and noted that compressed asphalt has formed a speed bump on the on-ramp to US 17. He stated the business is unsuitable for a location so close to a residential neighborhood. - Leanne Dahl (resident) said she can no longer open her windows due to air quality concerns, which affect her asthma and her children’s allergies. She noted road debris causes windshield damage and that property values have declined. Discussion Items - Arbors at Battlefield (Rezoning & CUP): Staff recommended continuance due to the ongoing Greenbrier Area Plan study (midway, completion expected spring/summer 2024). Planning Director McNamara noted that the maximum continuance (90 days) would not provide sufficient information to confirm the land use. The commission discussed the urgent need for senior housing and the compatibility of the proposed use with the existing office park. Commissioner Gerloff moved to approve, citing alignment with the comprehensive plan’s quality of life and affordable housing goals, the true need for the use, and the site’s appropriateness. The motion passed 9-0 despite staff’s continuance recommendation. - Dignity Funeral Services (Rezoning & CUP): Staff recommended approval. Commissioner Sgueglia added a stipulation (5) that no housing, care, or sheltering of human remains be allowed in the auxiliary buildings in the rear (including the home and garage). The applicant agreed. The motion passed 9-0. - Revocation of UP-00-42: The commission suspended standard speaker rules to allow extended presentations (10 minutes each for permit holder and city). City Attorney Ellen Bergren argued that revocation is a legislative power, not a judicial one, and that the city’s code and Virginia Code authorize council to revoke for willful and recurring noncompliance. Zoning Administrator John King detailed four notices of violation since 2019: processing of shingles, concrete, asphalt, and other materials beyond the permitted natural wood debris. Two violations from 2019 were not appealed; a third (2020) was appealed late; a fourth (2022) was upheld by the BZA. The commission voted 9-0 to recommend revocation, finding a pattern of noncompliance. Key Outcomes - Consent Items: All three consent items (Gray Farm, Starbucks Deep Creek, Billboards text amendment) were approved unanimously. - Arbors at Battlefield (PLN-REZ-2023-008 & PLN-USE-2023-012): Approved with proffers/stipulations as listed in the agenda. The rezoning limits development to 183 group housing units for the elderly and 100 assisted living/memory care units, with a 20% affordable set-aside at 80% AMI. The CUP allows building heights up to 60 feet. (9-0; Gerloff/Sgueglia) - Dignity Funeral Services (PLN-REZ-2023-011 & PLN-USE-2023-022): Approved with one proffer (sidewalk installation within 18 months) and five stipulations, including the added stipulation 5 prohibiting storage of human remains in auxiliary buildings. (9-0; Sgueglia/Hackworth) - Revocation of UP-00-42 (PLN-USE-2023-033): The commission recommended that City Council revoke the conditional use permit for the wood debris mulching facility due to willful and continuous or recurring noncompliance. (9-0; Gerloff/Sgueglia) - Business Items: The October 25, 2023 public hearing meeting was canceled by unanimous consent due to lack of business.

The Chesapeake City Council met on October 10, 2023, at 6:30 p.m. in the City Hall Council Chamber. Mayor Richard W. "Rick" West presided; Council Member Robert C. Ike, Jr. was excused. The meeting opened with an invocation by Council Member C. Jeff Bunn, the Pledge of Allegiance led by Pack 57 Arrow of Light Cub Scouts, and remarks from Mayor West extending condolences to the Hooper family and acknowledging the attacks in Israel. The council approved the agenda, handled public hearings, adopted the consent agenda, heard citizen comments, and addressed new business, all with 8-0 votes. Consent Calendar - Approved resignations: Pamela Brandy (South Norfolk Revitalization Commission) and George Hoddinott (Natural Event Mitigation Advisory Committee). - Approved refunds: Rose & Womble Realty Co. LLC, $17,839.36 for 628 Cedar Road and $10,174.36 for 1215 Volvo Parkway. - Acknowledged four rezoning applications tentatively scheduled for Planning Commission on November 8, 2023: Elizabeth Harbor Drive (4 acres, R-15s to R-MF-1, 7.2 du/ac), Kaiser Professional Office (2 acres, amend B-1 proffers), Clearfield Regional Office (30 acres to M-1), and Ashburn Meadows (131.8 acres to PUD). - Authorized grant applications and fund transfers: $168,816 for the Behavioral Health Docket, $393,462 for FUSUS Platform, $71,712 for Rapid SOS, $166,250 for Staff Recognition, $71,994 for UASI, and $21,780 for Trees for Clean Water. Public Comments & Testimony - Randy Royal (Kimley-Horn) requested concurrent advertising for PLN-REZ-2023-020 (Virginia Natural Gas Regional Office) to allow for rezoning, plat recording, and property closing by year-end; noted risk of losing funding otherwise. - Vic Nicholls (self) raised multiple concerns: disabled parking enforcement, water meter errors, traffic signal issues, recycling dumpsters, transparency on red light cameras, solar grazing proposals, board meeting transparency, and a safety ranking (Chesapeake 19th overall, but 97th on financial safety). - Gwen Carr (Cedar Lakes residents) requested confirmation that the traffic signal at Cedar Lakes Drive and Cedar Road would remain in the 2025 budget, citing recent serious accidents. Discussion Items - Public Hearing – Lease with Glenn Weatherly Farms, LLC (resolution 23-R-048): Approved 8-0 to lease 36.0 acres of city-owned farmland at 437 George Washington Highway South, adjacent to Deep Creek Park. - Public Hearing – Utility Easement Vacation (ordinance 23-O-097): Approved 8-0 to vacate the city's interest in a public utility easement at 700 Rosemont Avenue, with waiver of estimated easement value. Applicant Kevin Cowgill was present for questions. - Citizen Comments Response: City Manager Price confirmed the Cedar Lakes traffic signal is under evaluation for the 2025 budget, but no guarantee was given. - Renaming Portsmouth Boulevard: Council approved a request directing the City Manager to research and report on actions needed to rename Portsmouth Boulevard from Hodges Ferry to the Suffolk city line (8-0). Key Outcomes - All motions passed 8-0 (all present members voted yes; none opposed). - Approved concurrent advertising for PLN-REZ-2023-020; item to be heard by Planning Commission on November 8, 2023, and City Council on November 28, 2023. - Deputy Chief Sam Gulisano announced as new Fire Chief effective January 1, 2024, upon retirement of Chief Ed Elliott. - Council Member Ritter requested exploration of crosswalk activation cameras with blinking lights. - Council discussed potential organization of a canned food drive for Buffalow Family and Friends; City Clerk explained procedure. Note: Meeting began at 6:30 p.m. and adjourned at 6:56 p.m.

The Chesapeake City Council held a work session at 5:30 p.m. and a regular meeting at 6:30 p.m. on September 26, 2023, at City Hall. The work session focused on a broadband update, while the regular meeting included public hearings, consent and regular agenda items, citizen comments on ward voting, streetlights, and red-light cameras, appointments to boards and commissions, and a resolution confirming a state of emergency from Tropical Storm Ophelia. All votes were unanimous except for the acceptance of a planning commission resignation (8-1). A closed meeting was held from 7:27 p.m. to 8:24 p.m. to discuss economic development and the performance of the acting city auditor. Work Session – Broadband Update - Chesapeake Connects: CIO Dan Constantino reported that the city-owned fiber network will connect 210 facilities (54 schools, 156 city facilities) via 172 miles of conduit. As of the meeting, 48 miles of conduit were completed. Phase 1 construction began December 2022 and is expected to run through April 2024; Phase 2 will begin in October 2023 and conclude August 2024; Phase 3 will run June 2024 to March 2025. The project includes a wireless overlay (LoRaWAN and private LTE) for smart city applications. - Southside Network Authority: Bob Crum (HRPDC) and Stephen DeBerry described the 119-mile regional fiber ring connecting to transatlantic subsea cables. The authority is building a middle-mile dark fiber network with a public-private partnership with Global Technical Systems (GTS). GTS will lease 96 strands of fiber, paying the authority $2 million per year for 20 years, and will maintain the ring. The authority expects to vote on a comprehensive agreement at its October 13, 2023 meeting. - Councilmember Ritter noted that BEAD (Broadband Equity, Access, and Deployment) funding is available to private ISPs, not governments, and that the city has provided a list of over 100 potential anchor sites to leverage those funds. Consent Calendar - Refunds: Three refunds totaling $60,181.36 were approved: Towne Realty LLC ($29,338.29 for 137 Mount Pleasant Road; $11,854.33 for 700 Greenbrier Parkway) and Rose & Womble Co. LLC ($18,988.74 for 300 Cedar Lakes Drive). - Grant Contingency Transfers: Three emergency food and shelter program grants from the Department of Homeland Security were accepted: $28,558 (Phase 39), $24,478 (Phase 40), and $28,557 (American Rescue Plan Act) – all for Human Services. - Transportation Alternatives Program: A resolution authorizing the city to apply for VDOT funding for public works projects was approved. Public Comments & Testimony - Public Hearing Items: - Item B (Drainage Easement Vacation): Grady Palmer, representing Kotarides Developers, spoke in support of vacating a 67,000 sq ft public drainage easement at 401 Volvo Parkway and dedicating a new 128,682 sq ft easement. He requested a waiver of the fair market value fee, noting the city would receive a larger easement and the ditch would be cleaned. Council approved the waiver unanimously. - Citizens’ Comments on Agenda Items: - Vic Nicholls (self) urged the appointment of Blazon Bloom to the Chesapeake Bay Preservation Area Board, citing his community involvement and qualifications. He also expressed concern about nepotism and lack of environmental representation on the Planning Commission and Stormwater Committee. - Citizens’ Comments on Non-Agenda Items: - Clifton Randolph (New Chesapeake Men for Progress) advocated for a hybrid ward voting system, arguing it would improve representation and prevent concentration of power. - Dr. George Reed (New Chesapeake Men for Progress) stated that at-large voting suppresses minority votes, citing the closure of polling places in majority-minority neighborhoods (Camelot: 95.5% minority, South Norfolk: 52.5% minority). He threatened a lawsuit under the Virginia Voters’ Rights Act if the council did not change the system within 90 days. - Kim Sudderth (self) supported ward voting, citing her experience in Norfolk and the need for direct representation. - Brad Moore (self) reported that in a three-mile drive in South Norfolk, he counted 56 streetlights out, with some unrepaired for two years. He questioned the city’s agreement with Dominion Energy and the incentive for timely repairs. - Vic Nicholls (self) criticized the placement of red-light cameras, alleging they target Democratic-leaning areas, and called for data on accidents. He also requested the city recognize Disability History and Awareness Month and create a volunteer app to report handicapped parking violations. Mayor’s Responses: - Mayor West stated that City Council has no role in red-light camera placement. - He read Section 3.01 of the City Charter, which mandates at-large elections, and clarified that only the General Assembly can amend the charter, not the council. He expressed willingness to discuss pros and cons of ward voting in a group setting. Discussion Items - Public Hearing Items: - Item A (Surplus Property Sale – Oriole Drive): A resolution authorizing the sale of city-owned surplus property was approved unanimously. - Item B (Drainage Easement Vacation): Approved with a waiver of the fair market value fee (9-0). - Item C (C-PACE Financing Program): Removed from the agenda and continued to the October 24, 2023 meeting. - Regular Agenda: - Resignation of Levin Turner from Planning Commission: Councilmember Ike requested the item be considered separately. The resignation was accepted 8-1 (Councilmember Whitaker voted no). The original resignation letter was included in the permanent record. - Funding Transfers for Road Projects: - $3,100,000 transferred from the Residential Roadway Repaving Project to the Mount Pleasant Road Widening Phase 2 project (emergency action, 9-0). - $3,143,065 appropriated from the General Fund balance assigned to street maintenance to the Residential Roadway Repaving Project (9-0). - New Business: - Emergency Declaration: A resolution confirming the state of emergency from Tropical Storm Ophelia (September 22-23, 2023) was approved (9-0). - Councilmember Bunn congratulated Councilmember Carey on receiving the 2023 Workforce Innovation Award from the Hampton Roads Workforce Council. - Councilmember Carey presented a video on the Chesapeake Worlds of Work program, which introduced 3,400 eighth graders to career opportunities. He noted that the program is expanding and attracting other cities. - Councilmember Ward congratulated Judge David Jones on his appointment to the Juvenile and Domestic Relations Court. - Councilmember Ritter requested that the City Attorney’s Office and Legislative Affairs Liaison provide language for the legislative package stating that attorney-client privilege for a legislative body can be waived only by a majority vote of that body. - Councilmember Newins discussed streetlight repairs (responsibility of Dominion Energy) and requested an agenda item to address concealed weapon permit fees sooner than the FY 2024-2025 budget. Key Outcomes - Votes: - All items on the consent agenda (except the resignation) and regular agenda were approved unanimously (9-0) unless noted. - The resignation of Levin Turner from the Planning Commission was accepted 8-1. - The closed meeting was approved 9-0 (Councilmember Ritter abstained from one economic development discussion topic due to a potential personal interest). - Appointments: - Chesapeake Bay Preservation Area Board: Karen Toida, Richard Underhill, and Christopher Wilson (regular members); Benjamin Green and Justin Matthews (alternates) – reappointed/appointed. - Chesapeake Hospital Authority: Sandra Baynes, Baxter Ennis, and Dr. Angela Ferebee – reappointed. - Planning Commission: David Hackworth (full 4-year term) and Eric Stichler (1-year partial term) – appointed. - Airport Authority: Scott Bechtold, Andrew Hochhaus, and Thomas Russell – appointed. - Chesapeake Bicycle/Trails Advisory Committee: Steve Froncillo (citizen) reappointed; Lakela Lofton (civic organization) and Christian Saxon (citizen) appointed. - Chesapeake Community Criminal Justice Board: Judge Andrew Kubovcik – appointed. - Stormwater Committee: Theresa Harris, Dominique Moody (alternate), and Davis Watson (alternate) – appointed. - Directives: - City Manager to review the streetlight repair process with Dominion Energy and provide a briefing to council. - An agenda item to consider concealed weapon permit fees to be brought forward before the FY 2024-2025 budget. - Next Steps: - Non-Planning Public Hearing Item C (C-PACE) continued to October 24, 2023. - The Southside Network Authority is expected to vote on the comprehensive agreement with GTS on October 13, 2023. - The city will provide a list of community anchor sites to support BEAD funding applications.

The Chesapeake City Council convened on September 19, 2023, at 6:30 p.m. in City Hall Council Chamber. The meeting began with an invocation and pledge, certification of a closed session held earlier (3:30–5:45 p.m.), and unanimous approval of the agenda and minutes. The council considered six public hearing items: four approvals (a residential rezoning, two daycares, and a zoning text amendment) and two controversial applications for a 93-acre industrial rezoning and a container stacking use permit at 4168 S. Military Highway, which were denied after extensive public testimony. Consent Calendar - PLN-REZ-2023-005 (Haven at Centerville): Approved 9-0. A conditional rezoning of 4.8 acres from A-1 to R-15s for seven single-family lots, with proffers including architectural standards, a minimum of two-car garages, and 1,500–1,900 sq. ft. heated living space. - PLN-USE-2023-006 (Softspot Adult Day Care): Approved 9-0. Conditional use permit to modify operating hours for a Level II home occupation adult day care (7 a.m. – 8 p.m., up to six patrons, one employee). - PLN-USE-2023-017 (My Joy II Infant Center): Approved 9-0. Conditional use permit for an infant day care in an existing shopping center, with stipulations for landscaping, water testing, and backflow prevention. - PLN-TXT-2023-009: Approved 9-0. Zoning text amendment to extend the time limit for parking major recreational equipment during loading/unloading in residential areas. Public Comments & Testimony - Carolyn White (Chesapeake Leads) spoke in opposition to Public Hearing Item E (4168 S. Military Highway rezoning), citing traffic and neighborhood impact. - Supporters of Item E/F (approx. 15 speakers representing developers, port, chamber of commerce, businesses) argued the project would create 250 jobs (average wage over $60,000), generate $11.5 million in 10-year tax revenue, improve traffic with a new signal at Schaefer Avenue and Military Highway (private $1M+ investment), and be consistent with the 2035 Comprehensive Plan. Speakers included Grady Palmer (applicant attorney), David Burch and Jeff Berryhill (Inlight Real Estate), Kirsten Tynch (traffic engineer), Chris Gullickson (Port of Virginia), and others. - Opponents of Item E/F (over 50 speakers, many from Sunray and Homestead communities) raised concerns about: incompatibility with residential areas, traffic congestion (existing 2–5 minute delays at Schaefer, projected 872 vehicle trips/day vs. 10,000 under current zoning), noise and light pollution, air quality and health impacts (especially diesel emissions), property value depreciation, well water contamination, strain on emergency services (Fire Station 10), and destruction of the historic Sunray farming community (National Register of Historic Places). Speakers included Clifton Randolph (New Chesapeake Men for Progress), Susan Richardson (Homestead), Hannah Larum, and Gary Szymanski (Sunray Farmers Association). Several noted the Planning Commission had unanimously recommended denial (8-0) due to incompatibility. Discussion Items - Item E (PLN-REZ-2022-015): Council debated the rezoning of 93 acres from B-3 (26 ac) and R-15s (67 ac) to M-1 Light Industrial. Planning Director McNamara stated staff recommended approval with proffers (enhanced buffers, sound attenuation fence, lighting controls, traffic signal or $750,000 contribution). The applicant confirmed FHWA/VDOT approved the signal. Council Member Ritter moved denial based on lack of compatibility with residential areas and existing viable use. Discussion included questions about groundwater protection, repair activities, and the property behind Fire Station 10 (30 acres under contract). Council Member Ike proposed a substitute motion to approve with a modified traffic signal stipulation, but the motion to deny was put to vote first. - Point of Order: Council Member Ritter clarified her motion was on the rezoning, and the substitute motion (including a modified stipulation) could not be a proffer for the rezoning; it would need to be considered with the companion use permit (Item F). City Attorney Lindley and Vice Mayor de Triquet concurred. - Item F (PLN-USE-2022-039): Conditional use permit for container stacking on 43 acres. Not voted on because the companion rezoning (Item E) was denied. Key Outcomes - Motion to Deny PLN-REZ-2022-015: Passed 5–4. Voting yes: Council Members Bunn, de Triquet, Ritter, Ward, Whitaker. Voting no: Council Members Carey, Ike, Newins, West. The motion stated denial was based on lack of compatibility with the residential area and existing viable use of the property under current zoning. - Item F (container stacking use permit) was not considered as its companion application was denied. - New Business: Council Member Whitaker requested the City Manager direct the police department to assess background investigation fees for concealed weapons permits and include any changes in the FY24–25 budget. - Closed Meeting Scheduled: The council approved a closed session on September 26, 2023, at 5:00 p.m. to interview candidates for boards and commissions. - No unfinished business was raised.

Chesapeake Planning Commission Public Hearing – September 13, 2023\n\nThe Chesapeake Planning Commission held a public hearing on September 13, 2023, at 7:00 p.m. in City Council Chambers. Commissioners Crews and Turner were excused. The meeting covered five agenda items: three consent items and two regular agenda items. All items were approved, with two amendments made to the regular agenda items. The meeting adjourned at 7:31 p.m.\n\n Consent Calendar\n- PLN-USE-2023-025 (Get Loose Golf): Approved (6–0; Forbes/Sgueglia) with stipulations including a 6-foot opaque privacy fence, enhanced buffer with 3-foot berm and 30% more plant material, new 30-foot commercial entrance on Hawthorne, and a 10-foot right-of-way reservation.\n- PLN-USE-2023-008 (Like Home Coffee and Treats Church): Approved (6–0; Forbes/Sgueglia) with stipulations requiring a backflow preventer and a hydro-mechanical grease interceptor.\n- PLN-TXT-2023-008 (Animal Cremation Services): Approved (6–0; Forbes/Sgueglia) to permit animal cremation as a conditional use in business and industrial districts.\n\n Public Comments & Testimony\n- On Get Loose Golf: John Morgan spoke in support and was available for questions. No opposition was voiced.\n- On Battery Energy Storage (PLN-TXT-2023-005): Bill Mapps (1816 Cedar Road, Chesapeake) spoke in opposition, citing environmental concerns from battery production, disposal, and potential toxic gases. He expressed worry about a facility near his home.\n- On Currie Ave. Tow Yard (PLN-USE-2022-049): Applicant Paul Ezieme spoke in support and requested modification of stipulation 8 to allow a chain link fence instead of wooden opaque fencing, citing durability and neighborhood compatibility.\n\n Discussion Items\n- Battery Energy Storage Text Amendment (PLN-TXT-2023-005): Senior Planner Alyssa Neil presented staff findings recommending approval. Commissioner Gerloff proposed two amendments: (1) remove battery storage as a conditional use in conservation districts, and (2) instead of listing battery storage as not permitted in residential and business districts, amend the existing line for SIC 491 Electric Services to read "Electric Services, except for battery energy storage system" to maintain consistency with zoning ordinance format. The Planning Director clarified that the amendment aims to regulate battery storage separately from general electric services and would require a conditional use permit only in designated districts. The commission approved the text amendment as amended (6–0; Gerloff/Gilbert).\n- Currie Ave. Tow Yard (PLN-USE-2022-049): Planner Summer Peebles presented staff findings. After the applicant's request, the commission discussed the fencing stipulation. Staff recommended chain link with slats if amended. Commissioner Sgueglia supported the change, noting wood deterioration. Assistant City Attorney Titter advised that the stipulation could be amended on the floor. The commission approved the application with amended stipulation 8 requiring a chain link fence with sufficient opaque netting or lattice to screen the use (6–0; Sgueglia/Gerloff).\n\n Key Outcomes\n- PLN-TXT-2023-005 (Battery Energy Storage): APPROVED as amended (6–0; Gerloff/Gilbert). Amendments: removed conservation districts as a conditional use; altered residential/business district treatment by amending the Electric Services line rather than adding a "not permitted" entry.\n- PLN-USE-2022-049 (Currie Ave. Tow Yard): APPROVED with amended stipulation 8 (6–0; Sgueglia/Gerloff). Amended stipulation requires chain link fence with opaque netting or lattice instead of wooden fencing.\n- All consent items were APPROVED (6–0; Forbes/Sgueglia).\n- The September 27, 2023, Planning Commission Public Hearing was CANCELLED by unanimous consent due to no business.

The Chesapeake City Council met on September 12, 2023, at 6:30 p.m. in the City Hall Council Chamber. Vice Mayor John M. de Triquet presided in the absence of Mayor Richard W. "Rick" West (excused). The meeting included public hearings, a consent agenda, a regular agenda item regarding a potential permit revocation, nominations to boards and commissions, and a closed session. City Hall was illuminated in purple for Alzheimer's awareness. Consent Calendar - Acknowledgements (Rezonings): - PLN-REZ-2023-008 (The Arbors at Battlefield): Conditional rezoning of 18.5 acres from Light Industrial to Multifamily Residential (14.4 acres) and Office/Institutional (4.1 acres) at the roundabout of Independence and Volvo Parkways. Density: 14 dwelling units per acre. - PLN-REZ-2023-011 (Dignity Funeral Services): Conditional rezoning of 1.2 acres from Residential to Office/Institutional at 655 Cedar Road. - Refunds: Three refunds totaling $55,155.32 to Hall Nissan Chesapeake LLC, Hall of Chesapeake LLC, and Spivey Rentals Inc. - Resignations: Accepted resignations from Monica Christiansen (Commission on Health and Well Being), Karl Waitner (Natural Event Mitigation Advisory Committee), and Raven Ford (South Norfolk Revitalization Commission). - City Manager Item (1): Approved request to apply for $1,000,000 from the Virginia Office of the Secretary of Veterans and Defense Affairs for an encroachment grant to acquire property around Naval Auxiliary Landing Field Fentress. - City Attorney Item (1): Approved annual submission of delinquent and uncollectible tax lists from the City Treasurer. The consent agenda was approved unanimously (8-0). Public Comments & Testimony On Agenda Items: - Darren Mainer (self): Spoke in support of City Manager Item (2) regarding Recycled Properties, describing ongoing violations of after-hours dumping and disregard for regulations. - Christina Lufrano (Dominion Lakes HOA President): Spoke in support of revoking Recycled Properties' permit, citing chronic non-compliance, dust, litter, truck congestion, environmental concerns, and negative impacts on property and health. - Jeremy Rodden (Dominion Lakes resident): Spoke in support of revocation, detailing past issues (roof rats after tree removal), current air quality fears, and urging the council to prioritize people over profits. - Vic Nicholls (self): Suggested Blazon Bloom as a nominee for the Chesapeake Bay Preservation Area Board. Non-Agenda Speakers: - Merle Rutledge (self): Expressed concerns about rising crime, hospital overcrowding, business closures, and criticized city leadership. - Vic Nicholls (self): Thanked council for reinstating the Cigarette Litter Prevention Program and raised issues regarding concealed handgun permit fees, recycling container counts, and traffic in Greenbrier. - Adrianne Dettloff (Fox Trail neighborhood): Described multiple fatal accidents on Old George Washington Highway South, including four fatalities in the past year, and requested better signage, lighting, and speed enforcement at the dangerous curve. Presented a petition. Discussion Items City Manager Item (2) – Resolution Regarding Recycled Properties (UP-00-42): - Proposal: A resolution requesting the Chesapeake Planning Commission to review whether to revoke the conditional use permit for UP-00-42 (Recycled Properties, LLC) due to willful and continuous noncompliance with stipulations of the zoning ordinance. - Abstention: Council Member Ritter abstained from the vote, citing a professional relationship with an involved party (no legal conflict, but to avoid appearance of impropriety; confirmed by City Attorney). - Amendment and Vote: Council Member Newins moved approval with an added requirement that the Planning Commission report back to Council within 60 days. City Attorney Lindley confirmed the amendment was appropriate. City Manager Price explained the conditional use permit process and revocation procedure. The motion passed 7-0 (Ritter abstained, West excused). New Business – Resolution to Reschedule November Meeting: - Council approved (8-0) a resolution to move the November 21, 2023 regular meeting to November 28, 2023, and place all ripe business on the new agenda. Additional New Business: - Council Member Ritter: Requested staff explore options for the north end of George Washington Highway in connection with the Deep Creek Bridge replacement project, including a previous proposal for a right-of-way through Hugo A. Owens Middle School property and closing the northernmost section for safer access. - Council Member Newins: Requested additional community input meetings for the Chesapeake 2045 Comprehensive Plan in Deep Creek, Camelot, and South Norfolk (beyond the four already scheduled in Western Branch, Great Bridge, Hickory, and Indian River). Also requested a temporary portable speed limit sign and/or increased traffic enforcement at Stadium Drive and Mount Pleasant Road due to speed complaints. Closed Meeting: - Council convened a closed meeting at 7:14 p.m. for legal consultation regarding Hampton Roads Regional Jail and discussion of candidates for City Auditor (pursuant to Va. Code § 2.2-3711(A)(1) and (8)). Reconvened at 7:43 p.m. and certified the closed session (8-0). - A second closed meeting was scheduled for September 19, 2023, at 3:30 p.m. to interview candidates for boards and commissions, including discussion of Airport Authority appointments (8-0 vote to establish). Key Outcomes - Recycled Properties Referral: Approved resolution (7-0) to refer UP-00-42 to the Planning Commission for a revocation recommendation, with a 60-day deadline for the Commission to report back. - November Meeting Rescheduled: The November 21, 2023 meeting moved to November 28, 2023 (8-0). - Traffic Safety Measures Requested: Staff directed to review options for Old George Washington Highway South (Fox Trail area) and the north end of George Washington Highway; also to consider speed enforcement at Stadium Drive/Mount Pleasant Road. - Comprehensive Plan Input: Staff asked to add Deep Creek, Camelot, and South Norfolk as locations for community input meetings. - Boards and Commissions Nominations: Multiple nominations received for the Chesapeake Bay Preservation Area Board (5 vacancies), Chesapeake Hospital Authority (3 vacancies), and Planning Commission (1 vacancy). Interviews set for September 19, 2023, at 3:30 p.m., with appointments expected the following week.

The Chesapeake City Council convened on August 15, 2023, for a 5:00 p.m. work session focused on the recycling program, followed by a regular meeting at 6:30 p.m. The regular meeting included public hearings, a consent agenda, and new business items. Key topics included the future of recycling, early voting satellite locations, a wildlife crossing feasibility study, and zoning amendments. Work Session: Recycling Update (5:00 p.m. – 5:45 p.m.) - Public Works Director Earl Sorey presented a one-year review of the recycling program. Since ending curbside recycling, the city has operated eight drop-off centers, collecting over 3,000 tons of recyclables with a contamination rate of about 10% (compared to 24% trash and 18% glass under curbside). The total program cost for the year was approximately $2.5 million (including $250,000 startup), with recurring costs of $2.25 million, saving about $2.2 million compared to the previous curbside contract ($4.5 million, which would have risen to $4.7 million). - Subscription-based recycling services have largely failed; only Recyclops remains, at $26–$29 per month. The lack of local processing facilities drives up costs. - Staff recommended expanding drop-off locations in the short term (cost of $15,000–$20,000 per site) and pursuing an Integrated Material Recovery Facility (IMRF) that would allow single-stream curbside collection without a tax increase or new fee. The IMRF could achieve a 50% recovery rate, compared to 5–7% under the old curbside program. The timeline for an IMRF is estimated at 2–2.5 years. Reverting to traditional curbside would require a 4-cent tax increase or $7/month fee and take 1.5–2 years. - Council members expressed support for the IMRF direction but some (e.g., Council Member Newins) raised concerns about the interim period and desire for public input. Council Member Ike noted the lack of local processing competition. The council did not take a formal vote but provided staff with general direction to proceed with pursuing IMRF unless otherwise directed. Consent Calendar - Refund to Franks Trucking Center Inc.: $21,231.75 – Approved 8-0 (Council Member Ike excused). Public Comments & Testimony - Early Voting Satellite Locations (Item I): Six speakers addressed the council. Brad Moore (self) spoke in support of the proposed four locations. Dr. Charlotte Worley, Jim Lang, Jennifer Naperala, Dr. Shirley Auguste (Acting President, Chesapeake NAACP), David Washington, and Annette Kelley spoke in opposition, urging restoration of the Cuffey Community Center and Camelot Community Center sites and adding Sunday voting. They argued the removal of these sites disproportionately affects minority and elderly voters. - Wildlife Crossing Feasibility Study (Item 1): Jeff Staples (Save the Dismal) expressed support for the study but questioned the $300,000 cost and suggested developers should fund it. Vic Nicholls (self) raised concerns about the city's budget priorities and transparency. - Other Public Hearing Items: No speakers on most items; for Reba’s Rescue (Item F), Kathleen Williams and John Richardson spoke in support; for the tobacco/vape shop text amendment (Item G), Brad Moore spoke in support; for the Commerce Avenue rezoning (Item B), John Harbin (Chesapeake Land Bank Authority) and Frank Hruska (Habitat for Humanity) spoke in support; for Lake Shore Terrace (Item C), Grady Palmer, John Ashcraft, and Kenneth Jenkins spoke in support. Discussion Items - Planning Public Hearings (Items A–H): All items were approved unanimously (9-0 or 8-0) with stipulations or proffers as presented or amended. Notable: Item D (Shipyard Road) was continued to October 17, 2023. Item F (Reba’s Rescue) was approved with an amended stipulation to allow outdoor dog runs from 7 a.m. to 7 p.m. daily. Item G (tobacco/vape shops) was approved with a revised version dated July 31, 2023. Item H (notice requirements for public hearings) was approved retroactive to July 1, 2023. - Non-Planning Public Hearing – Early Voting Locations (Item I): The ordinance designating Major Hillard Library, Russell Memorial Library, Central Library, and Indian River Library as early voting satellite locations for the November 7, 2023 general and special elections was approved 8-1 (Council Member Ward voted no). Discussion included legal constraints (60-day notice requirement, advertising deadlines) and the Registrar’s explanation that the four locations were selected based on availability, cost (a quarter of a million dollars per election), and low turnout at some prior sites. The council could not add or change locations without re-advertising. - Polling Site Relocation (Item J): Ordinance relocating the Johnson Park precinct from South Norfolk Baptist Church to Rena B. Wright Primary School was approved 9-0. The Registrar confirmed that voters will be notified by mail as required by law. - Regular Agenda – Wildlife Crossing Grant (Item 1): Resolution authorizing the City Manager to apply for a Federal Highway Administration grant for a feasibility study of a wildlife crossing across Route 17 was approved 8-0. The study is part of due diligence for the Frank T. Williams farm property. - New Business – Zoning Definitions and South Norfolk Overlay (Items A & B): Two resolutions requesting the Planning Commission to consider amendments to the zoning ordinance were approved 8-0. One addresses definitions of “adjacent” and “abutting” and building height setbacks; the other permits residential development as a conditional use in the South Norfolk Business Overlay District. Key Outcomes - Votes: All public hearing items (A–H) approved unanimously or by 8-0. Early voting ordinance (I) approved 8-1 (Ward opposed). Polling site relocation (J) approved 9-0. Consent agenda approved 8-0. Wildlife crossing grant resolution approved 8-0. Two zoning amendment resolutions approved 8-0. - Directives: Staff was directed to pursue an Integrated Material Recovery Facility (IMRF) and continue expanding drop-off recycling sites. Council Member Carey requested that Electoral Board meetings be advertised on the city website’s homepage and social media. Council Member Newins requested a future review of home daycare oversight by the Virginia Department of Education. Council Member Newins also asked for a fall work session on reducing farm equipment tax and expanding A-1 uses. - Closed Meeting: The council held a closed meeting at 4:00 p.m. to discuss prospective candidates for City Auditor, and later at 7:58 p.m. to discuss potential economic development opportunities. Both closed sessions were certified by a 9-0 and 8-0 vote, respectively.

The Chesapeake Planning Commission held a public hearing on August 9, 2023, at 7:00 p.m. in the City Council Chamber. Vice Chairman Joshua Gerloff presided. The Commission considered seven items, including one continuance request and six items placed on the consent agenda. All votes were 6-0, with Chairman Marc Steiner excused and Commissioner Levin Turner absent. The meeting adjourned at 7:12 p.m. Consent Calendar - PLN-REZ-2023-005 (Haven at Centerville): Approved a conditional zoning reclassification of 4.8 acres from A-1 Agricultural to R-15s Residential for seven single-family lots on Bancroft Road (Greenbrier Planning Area). Approval included six proffers covering architectural standards, a General Development Plan, lot limits, finished floor elevation, POA inclusion, and cluster subdivision compliance. - PLN-USE-2023-006 (Soft Spot Adult Day Care): Approved a conditional use permit to modify operating hours for a Level II home occupation adult day care at 625 Flatrock Lane (Greenbrier). Stipulations limited patrons to six, hours 7:00 a.m. to 8:00 p.m. seven days a week, one employee, and applicant-only permit. - PLN-USE-2023-017 (My Joy II Infant Center): Approved a conditional use permit to operate an infant day care in a shopping center at 612 Liberty Street (South Norfolk). Stipulations required a landscape plan, lead and copper sampling, backflow preventer, and state licensing. - PLN-USE-2023-023 (Reba's Rescue): Approved a conditional use permit for an animal shelter with outdoor dog run at 1646 S. Military Highway (Indian River). Stipulations included landscaping, outdoor run hours (7:00 a.m. to 7:00 p.m.), right-of-way reservation (revised from "dedication" to "reservation") of 160 feet along Greenbrier Parkway, and backflow preventer. This item was concurrently advertised for City Council hearing on August 15, 2023. - PLN-SPEX-2023-001 (Blue Frog, LLC): Approved a special exception to allow a veterinary clinic closer than 200 feet from a residential property line at 1161 George Washington Highway (Deep Creek). Stipulation required air conditioning and soundproofing of the existing building. - PLN-TXT-2023-009: Approved a text amendment to extend the time limit for parking major recreational equipment in residential areas during loading and unloading (version dated June 9, 2023). Public Comments & Testimony - Vic Nicholls (1124 Mill Lake Quarter, Chesapeake) spoke in opposition to PLN-TXT-2023-009, stating that longer parking of recreational equipment in neighborhoods blocks neighbors' views. - Several applicants/applicant representatives were present and available for questions but did not speak: Sharon Howell (Haven at Centerville), Sherry Ransom and Brittany Willis (Soft Spot Adult Day Care), Felicia Howard (My Joy II Infant Center), Kathy Williams (Reba's Rescue), and Daniel and Larry Barry (Blue Frog, LLC). Discussion Items - Pre-Meeting (7:00 p.m. start): The Planning Commission reviewed the agenda. All six items were placed on the consent agenda with no objections. No regular agenda items remained. - Planning Director Update: James McNamara reported on the recently completed City Council land use retreat (seven hours of discussion). Key upcoming initiatives include: - Comprehensive Plan Update (horizon 2045, tagline "Creating an Exceptional Future"), with community meetings scheduled for September and October 2023. Focus areas: economic prosperity, connectivity and infrastructure, design and placemaking, quality of life, housing and equity, environmental responsibility, and rural area and growth management. - Rural area conversations to engage citizens on residential growth vs. preservation of farmland and open space. - Addition of a new Grassfield planning area as part of the comprehensive plan update. - Development of smart growth principles for Chesapeake, with a prioritized list to be presented to the Commission. - Continuance: PLN-TXT-2023-005: Staff requested a continuance for the battery storage zoning ordinance amendment to the September 13, 2023, public hearing. The Commission approved the continuance by a 6-0 vote. Key Outcomes - Votes: All six consent items and the continuance were approved unanimously (6-0). - Consent Agenda Approval: Motion by Commissioner Crews, second by Commissioner Gilbert, carried 6-0. - Cancellation of August 23, 2023 Meeting: The Commission agreed to cancel the August 23, 2023, public hearing due to lack of business (unanimous consent). - Adjournment: 7:12 p.m.