Chesapeake City Council Meeting - March 19, 2024

The Chesapeake City Council held a regular meeting on March 19, 2024, at 6:30 PM in City Hall. All nine council members were present. The meeting covered multiple planning public hearings, a proffer modification request, and discussions on transparency, recycling, and pool facilities.

Planning Public Hearing Items

A. PLN-REZ-2023-014 – Copart Auto Sales (Rezoning)
A proposal to rezone approximately 30 acres at 3856 South Military Highway from Highway Business (B-3) to Light Industrial (M-1) and Conservation (C-1) districts. The Planning Commission and staff recommended approval with six proffers, including a 60-day vehicle storage limit and a conservation easement. Agent John McCormick spoke in support, noting the site has been vacant for about two decades and that operations will be entirely online without customer traffic. Council Member Ike asked if any lobbying had occurred; McCormick confirmed none. The motion passed 9-0.

B. PLN-USE-2022-030 – Copart Auto Sales (Conditional Use Permit)
A conditional use permit for a wholesale used motor vehicle dealership and height exception for an 8-foot fence at the same location. Staff recommended approval with five stipulations, including stormwater and fencing requirements. No public speakers. The motion passed 9-0.

C. PLN-USE-2023-032 – EVGO Target
A conditional use permit to install four electric vehicle charging dispensers at the Target Edinburgh parking lot at 233 Carmichael Way. Staff recommended approval with landscape plan stipulations. Public speaker Vic Nicholls expressed support, suggesting more units in Greenbrier. The motion passed 9-0.

D. PLN-USE-2023-035 – Cherish Pet Crematory
A conditional use permit for a pet crematory on a 0.3-acre portion of 2.3 acres at 3917 N. Hanes St., including an alternative parking surface. Staff recommended approval with stipulations including backflow prevention, DEQ air quality permit, and building permits. Speakers Jerry Jones (representing the crematory) and Vic Nicholls spoke in support. Council Member Carey disclosed a business relationship with the property owner but stated he could participate fairly. The motion passed 9-0.

E. PLN-USE-2023-038 – Defining Wine
A conditional use permit for a Level II home occupation for internet wine sales at 3005 King Richard Way. Staff recommended approval with stipulations limiting customers to online and delivery only, and no more than 200 bottles stored. Applicant Eric Wynn was available for questions; Vic Nicholls spoke in support. The motion passed 9-0.

F. PLN-COMP-2023-001 – Industrial Waterfront Study (Comprehensive Plan Amendment)
A resolution to adopt the Industrial Waterfront Study as an amendment to the 2035 Comprehensive Plan. Staff recommended approval of the revised February 27, 2024 version. Public speaker Vic Nicholls spoke in support (“Get her done”). Council Member Newins expressed concern that council had not been briefed on public feedback received after the last work session. She made a substitute motion to continue the item for one week (to March 26, 2024) so staff could present a summary of changes and public comments in a work session. Council Member Ritter seconded. Council Member Carey opposed, noting changes were minimal. After discussion, the substitute motion passed on a 7-2 vote (Council Members Carey and Ike voting no).

Public Comments on Agenda Items

On New Business Item A (Patriot’s Ridge Proffer Modification):

• Grady Palmer, representing Patriot’s Ridge, LLC, spoke in support, explaining that the modification was requested by Chesapeake Public Schools to allow them to manage parking lot improvements at Southeastern Elementary School as part of a larger building addition project. The developer will fund the improvements via a cash proffer.
• Vic Nicholls, representing himself, expressed cautious support, noting that as long as taxpayers do not bear the cost, he is comfortable with the school taking over the project.

New Business

A. PLN-REZ-2019-024 – Patriot’s Ridge Accelerated Proffer Modification
The applicant requested to modify Proffer #5 to replace developer-constructed school parking improvements with a cash proffer of $5,700 per unit for the first 35 units, allocated entirely to schools. Staff recommended approval, citing alignment with comprehensive plan goals and support from Chesapeake Public Schools. Council Member Whitaker abstained due to a current business relationship with the developer. The motion passed 8-0.

B. Initiating Resolution to Require Disclosure of Paid Advocates
Council Member Ike requested that staff draft an initiating resolution to amend the Zoning Ordinance to require discretionary land use applicants and owners to disclose all individuals and firms paid to advocate for an application. Council Member Ritter objected, suggesting the change could be achieved more simply through an application form amendment and expressing concern about political motivation. After debate, a vote was taken; the motion required a two-thirds majority (6 votes) to proceed. It received only 3 votes and failed (3-6).

Council Member Comments and Requests

• Council Member Carey requested that if SIPSA proceeds with RFPs, a referendum on recycling fees and taxes be placed on the November ballot for transparency. Mayor West agreed in principle. Carey also asked for the operational cost of the proposed pool at the Cuffy Center, which City Manager Price confirmed is included in the budget. Finally, Carey requested a study to identify viable locations for another pool in the city; the manager clarified that a report back would be more appropriate.
• Council Member Ritter requested a work session on the utility water billing tiers to review potential adjustments and clarify the minimum charge structure, to improve public confidence.
• Council Member Ward praised sixth-grade students at Crestwood Middle School for sending handwritten thank-you letters to the council.

Key Outcomes

• All planning public hearing items (A through E) were approved unanimously (9-0).
• Item F (Industrial Waterfront Study) was continued for one week to the March 26, 2024 meeting by a 7-2 vote.
• The Patriot’s Ridge accelerated proffer modification was approved 8-0 (one abstention).
• The request for an initiating resolution to require disclosure of paid advocates failed 3-6.
• Council directed staff to provide information on recycling referendum feasibility, pool operational costs and potential locations, and to schedule a work session on water billing tiers.