Chesapeake City Council Meeting October 17, 2023: Work Session on Rules and Public Hearings on Rezoning, Use Permits, and Zoning Amendments
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Chesapeake City Council Meeting – October 17, 2023
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).
Meeting Transcript
We uh have an interesting topic that I think we hopefully get a lot of discussion. Uh Mr. Vice Mayor, I'll turn the floor over to you. Thank you, Mayor West. Um we're gonna approach this time of reviewing the revisions a little different than last time. It's been about two years uh since our last full revision of City Council's rules of order and procedure. If uh members of council could recall, previously I wrote and submitted to council my review and recommendations for revisions, additions, uh, and deletions. Um I'm not going to do that this time. Um I feel in looking back, maybe that was somewhat presumptuous on my part to go ahead and submit a document with my opinion on things, although we did have some very, very good discussion on all of those and did make some revisions and additions, which I think uh have proven to be very helpful. So rather than uh me submitting that review and for for the discussion, um I requested uh uh council members their thoughts and concerns regarding our rules of order and procedure uh uh for each council member from each council member. And I did receive two or three responses. Uh additionally, besides the couple of written responses, I've uh uh also we've had discussions among ourselves uh informally about um some uh thoughts on that. So I think uh this this forum can uh can also include uh those uh thoughts. Uh and I thought the best way to proceed would be to have a um open discussion uh today, uh tonight, uh, and then have each council member uh review some of their questions, some of the concerns that they had or some of the suggestions that they had, and then open it up for some preliminary discussion. And I would suggest that after today's meeting, uh I'll collate all of those comments and all of those uh uh items which council would like to consider for action uh and then um uh distribute those to council members for an additional look at, okay and comment. Because I think uh when we do decide on any changes in that, uh I believe that should come formally to city council as an agenda as a published agenda item uh for uh uh vote uh for discussion uh and then vote. So uh we'll look at that. And perhaps one other work session would be appropriate before we move with a codified uh vote on those. Okay. So with that, uh uh I'd like to start by recognizing uh Don Kerry who submitted a number of of suggestions and uh and um uh just to start wherever you want, Don, with uh whatever you think is most critical, then work them through it and and we'll leave this as an open discussion. Okay. Um thank you, Mr. Vice Mayor. I guess I'll take each item in turn and then pause for conversation. And if there's none, then I'll move on. I mean, we're not gonna vote to approve or deny this today, so okay. Uh the the first item is a light one, uh limited speaking length and work sessions to 10 minutes at a time. The purpose of this is to bring our conversations and our work session in line with the conversation we have during our regular council meetings. Uh so any comments anyone wants to give on that before I move on to the next. Okay, cool. Uh the second one is I I think a um far more heavier matter, and that is the preparer of all closed session documentation um must submit a cop a copy of the said document to the city clerk to be kept in record for a period of time per state local ordinance. Um the the purpose of this is to have a clear chain of custody of all documents that come to city council in closed session, and I would suggest that um each document as brought into that closed session be given to the most trusted council member, which I believe is the vice mayor, since that is the position that we all vote on to establish, and then that individual would then give that record to the city clerk who would store it as she sees fit. So Mr. Carey, if I could ask the city attorney, are there any comments on that as a procedural uh uh procedural uh process that would be appropriate and allowable? Uh that procedure would be perfectly in keeping with legal requirements, and it would preserve you know records retention requirements right now. Right now, we've been advising city staff who bring documents into closed session to take it with them, and then the staff preserves the records on their own to comply with records retention. I do think that having a focal point, one person who is the keeper of that record would make sense. Okay, I think maybe ask Ms. Madison to We have um discussed this, and I have already created a safe place in Laserfish that is has limited capability, so just anybody couldn't go in laser fish and look at it to store those records as long as they're supposed to be kept. Okay. Good. May I ask a question? Yes. The the language the preparer of all closed session documentation. So this may be a technical, but if we are, for example, in a closed session with someone from economic development, like Mr. Wright, he technically may not be the person who prepared the document. It could be somebody else in his office. So is the should it just be that there's a member? I guess the intent is a member from council takes that document, gives it to Miss Madison. Is that correct?
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