Chesapeake City Council Meeting – September 19, 2023

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.