Chesapeake City Council Meeting - October 15, 2024
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Chesapeake City Council Meeting - October 15, 2024
The Chesapeake City Council met on October 15, 2024, at 6:30 p.m. at City Hall Council Chamber. The meeting included public hearings on four planning items, a public comment period, and decisions on proffer modifications, conditional use permits, and a utility franchise area expansion. Key outcomes included approvals for Big Ugly Brewing, Project Genesis, and the Airport Industrial Park PUFA expansion, while a conditional use permit for a home-based firearms repair business was defeated.
Public Comments & Testimony
- Bobbi Gastler (representing self) spoke in opposition to Planning Public Hearing Item B (DBG Small Arms Repair), arguing that home-based gun repair poses safety risks and is difficult to regulate compared to brick-and-mortar businesses. She expressed concern about potential test-firing and unregulated transfers of firearms.
- Grady Palmer (representing Carriage House Commons, LLC) spoke in support of Item A (Big Ugly Brewing), clarifying that the only change requested is regarding access easements for adjacent commercial properties; all other proffers (landscaping, hours of operation) remain unchanged.
- Harold W. Fannell (applicant) and Vic Nicholls (representing self) spoke in support of Item B. Fannell described his background as a former Navy armorer and retired police officer, stating he would only perform repairs and transfers, not retail sales.
- Chris Aebel (representing LS Greenlink USA, Inc.), Ray King (representing International Bio-Energy-Virginia Real Estate, LLC), Patrick Shim (Managing Director of LS Greenlink), and Doug Smith (Hampton Roads Alliance) spoke in support of Item C (Project Genesis), emphasizing the economic benefits (over 330 high-paying jobs, $680 million investment) and the project's alignment with regional offshore wind goals.
- Vic Nicholls and Linda Tindell (representing self) spoke in opposition to Item D (Airport Industrial Park PUFA Expansion). Nicholls questioned the financial justification and taxpayer cost, while Tindell raised concerns about wetland loss (citing a study that 80% of wetlands could be gone by 2100) and urged council to consider environmental impacts.
Discussion Items
- Item A: Big Ugly Brewing Accelerated Proffer Modification (PLN-REZ-2016-013) – A request to revise a proffer regarding access easements for neighboring parcels. Staff recommended denial with modified proffers, but after discussion, council clarified that proffer #6 (landscaping) would be revised to maintain existing plantings and fencing. Council Member Ritter and Planning Director McNamara discussed that the landscape plan had already been approved. The motion passed 9-0.
- Item B: DBG Small Arms Repair Conditional Use Permit (PLN-USE-2024-024) – A request for a Level II Home Occupation for small arms repair on a 0.3-acre parcel. During discussion, Fannell agreed to limit his Federal Firearms License (FFL) to a Type 1 (gunsmith) and to prohibit transfers. Council Member Newins proposed amending stipulation #4 to require a Type 1 FFL, which the maker of the motion (Carey) accepted. Council Member Ritter then expressed concern over transfers and proposed a substitute motion to amend stipulation #7 to prohibit both retail sales and transfers. Fannell agreed. The substitute motion failed 4-5. The original motion (with amended stipulation #4) then failed 4-5. Council later expressed interest in revisiting the item with staff.
- Item C: Project Genesis Height Exception (PLN-USE-2024-026) – A conditional use permit for a height exception up to 685 feet for a submarine cable manufacturing facility. Revised stipulations dated October 11, 2024, included additional Navy security requirements (e.g., windows designed to prevent sight lines into Navy facilities, unannounced inspections, no electronic sensors). Council Member Newins noted the Navy had concerns that were addressed in the stipulations. The motion passed 9-0.
- Item D: Airport Industrial Park PUFA Expansion (PLN-PUFA-2024-001) – A request to activate a portion of the existing Public Utility Franchise Area (PUFA) for 24 parcels in the Chesapeake Regional Airport Industrial Park. Planning Director McNamara explained that this step is necessary to extend public water and sewer to the airport, which operates a failing private system. City Manager Price clarified that utilities are funded through enterprise funds, not general fund taxes. Council discussed that the extension would not require nearby residents to hook up and that only about one-third of the property is developable due to wetlands. Council Member Ritter asked about including fiber conduit in the same trench, but Public Utilities Director Jurgens said IT determined directional drilling was more cost-effective. The motion passed 9-0.
- Unfinished Business – Following the failed votes on Item B, Council Member Ritter requested that staff meet with applicant Fannell to explore bringing the item back.
- New Business – Council Member Newins suggested partnering with the Hampton Roads Planning District Commission (HRPDC) to provide Chesapeake Bay Preservation Act educational materials at the permits office and on city media. Council Member Bunn promoted Chesapeake Restaurant Week (running through October 18).
Key Outcomes
- Item A (Big Ugly Brewing): Approved 9-0 with modified proffers dated September 20, 2024.
- Item B (DBG Small Arms Repair): Both the substitute motion (amended stipulation #7) and the main motion (amended stipulation #4) failed, each with a 4-5 vote. No permit granted. Council directed staff to work with the applicant on a potential future resubmission.
- Item C (Project Genesis): Approved 9-0 with revised stipulations dated October 11, 2024.
- Item D (Airport Industrial Park PUFA Expansion): Approved 9-0 as presented.
- Closed Meetings: The council certified the closed meeting held earlier (4:00–5:14 p.m.) by a 9-0 vote. They then voted 7-2 to hold a closed meeting for consultation with the city attorney regarding the office of the sheriff. They also scheduled a closed meeting for October 22, 2024, at 4:00 p.m. for interviews of board and commission candidates.
Meeting Transcript
Mayor West, we have a quorum. Thank you, Mr. Vice Mayor. Council is now in session. I would like to call on Council McWard for the invocation and lead us in the Pledge of Allegiance. Thank you. Dear God, we ask a special blessing on this City Council meeting tonight as we deliberate and make decisions for the Chesapeake citizens. We are inherently mindful of the fact that we are indeed elected to serve our city and our citizens. And God, we seek your favor in providing resources and healing for all of those whose lives have been uprooted by Hurricanes Helene and Milton. We pray for families who lost loved ones. We pray for healing of our nation. Where there is hatred, replace it with love. Where there's turmoil, replace it with peace. Where there is dissension, replace it with compromise, where there are wars and random acts of violence, replace these with peace and acts of kindness, one to another. As we work together on this council to make decisions for more than a hundred and two hundred and sixty thousand people, let us keep fairness, honesty, compassion, and love in our decision making processes. And God, we seek your continuous protection for our active duty military, our veterans, our public safety officers, firefighters, first responders, and all those who sacrifice daily to keep us safe and free for these and other blessings we ask in our precious and holy name. Amen. Please join me as we pledge with the American flag. Hi Flair delegates, Susan Flag of the United States of America. And to republicans, indivisible. Thank you. Thank you, Dr. Ward. Madam Clerk, would you please call the roll? Councilmember Bunn. Here. Councilmember Carey. Here. Councilmember Ike. Present. Councilmember Newens? Here. Councilmember Ritter? Here. Councilmember Ward. Present. Councilmember Whittaker. Present. Vice Mayor Dietrich? Here. Mayor West. Present. At this time I'd like to quickly recognize Boy Scout Troop 57 from Great Bridge Presbyterian Church. Thank you for being here. Welcome. Next is certification of the closed meeting on October 15, 2024 at 4 o'clock. Madam Attorney, would you please provide the language? A motion is certified that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia law were discussed, and only such public business matters as were identified in the motion provening the closed meeting were heard discussed or considered. Motion please move approval. Second.
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