Chesapeake City Council Meeting – November 19, 2024

This regular meeting of the Chesapeake City Council was called to order at 6:30 p.m. on November 19, 2024, in the City Hall Council Chamber. Vice Mayor John M. de Triquet presided in the absence of Mayor Richard W. “Rick” West (excused). The council considered six public hearing items, including rezoning, conditional use permits, a zoning text amendment, and a comprehensive plan update. The meeting concluded with a closed meeting from 8:03 p.m. to 8:14 p.m. to discuss utility facility investment.

Announcements

• The Human Services team received the 2024 VML Innovation Award in the Community Health Category for the “Chesapeake Thrives Plan for Health and Well Being.”
• The Public Library System won the Library of Virginia’s Planning for Excellence – Library Standards Silver Award.

Public Hearings & Discussion Items

A. PLN-REZ-2024-006 – Cardinal Meadows Proffer Modification (1.4 acres, Grassfield)

• Staff recommendation: Denial (inconsistent with Comprehensive Plan’s mixed-use designation).
• Planning Commission recommendation: Approval with modified proffers.
• Speakers: Six residents (Grady Palmer, Lela Taylor, Norman White, Kandyce Salas, Jack Maas, Angelynn Medinger) spoke in support, arguing the required mixed-use commercial space is not viable and would create cut-through traffic. Two residents (Linda Tindell, Kim Armitage) opposed, citing overcrowded schools (Cedar Road Elementary has seven portable classrooms, bus 590 carries 68 children) and traffic concerns. One speaker (Vic Nicholls) raised general concerns about precedent and loss of commercial balance.
• Council discussion: Councilmember Bunn questioned staff’s denial rationale; Planning Director McNamara explained the original rezoning in 2016 included mixed-use proffers to maintain balance in the Dominion Corridor. Councilmember Ike supported the modification, noting retail vacancies in the area.
• Outcome: Approved on a 5–2 vote (Councilmembers Carey, de Triquet, Ike, Newins, Ward in favor; Bunn and Ritter opposed; Whitaker abstained due to professional conflict).

B. PLN-REZ-2024-012 – Arete Academy (1.3 acres, Great Bridge)

• Applicant: Waters Holdings, LLC (conditional zoning to add a micro-school use).
• Staff & Planning Commission recommendation: Approval with proffers.
• Speakers: None.
• Outcome: Approved 8–0.

C. PLN-USE-2024-028 – Fishing Point Healthcare (substance abuse recovery facility, Deep Creek)

• Applicant: Fishing Point Healthcare, LLC (60-bed facility for alcohol/substance abuse recovery).
• Staff & Planning Commission recommendation: Approval with 10 stipulations (including a $50,000 annual contribution to Chesapeake Public Schools, enhanced security, no violent offenders).
• Speakers: Three supporters (Ben Grindstaff, David Darling, Jeremy Hackworth) cited the facility’s nine months of operation without incident, provision of 40 jobs (23 from Chesapeake), and the need for addiction services. Four opponents (Angie Swygert, School Board Chair; Paige Stutz, school administration; Josi Brown, private citizen) argued the location – less than 900 feet from Deep Creek Elementary and adjacent to Deep Creek High School – poses a risk to 2,400 students, that the required fence and cameras do not guarantee security since it is not a lockdown facility, and that the applicant had not properly engaged the school board.
• Council discussion: Councilmember Carey, seconded by Councilmember Ward, moved to deny. Council members expressed appreciation for the service but cited compatibility concerns with nearby schools. Councilmember Newins noted stipulations did not adequately address risks from non-violent offenders or narcotics distribution.
• Outcome: Motion to deny passed 8–0.

D. PLN-TXT-2024-010 – Rural Overlay District Text Amendment

• Proposal: Amend Zoning Ordinance to permit rezoning of parcels in the rural overlay for residential use under certain conditions.
• Staff & Planning Commission recommendation: Approval (version dated Sept. 13, 2024).
• Council discussion: Councilmember Whitaker expressed concerns about unintended consequences after discovering the amendment could affect 21 parcels (initially thought to be 5). He requested a continuance to allow further vetting of potential flag lots and small subdivisions.
• Outcome: Continued to the January 21, 2025, City Council meeting (approved 8–0).

E. PLN-COMP-2024-001 – Trails and Connectivity Plan Update

• Proposal: Adopt the Trails and Connectivity Plan as an amendment to the 2035 Chesapeake Comprehensive Plan.
• Staff recommendation: Approval (version dated Sept. 26, 2024, with revisions removing two public water access points).
• Speakers: Rogard Ross (Chesapeake Bicycle and Trails Advisory Committee) supported the plan but urged near-term safety improvements including crosswalks and sidewalks.
• Council discussion: Councilmember Ike and Ward supported. Councilmember Ritter questioned implementation, noting the plan is aspirational and budget-driven; staff confirmed urban/suburban areas are priorities. Councilmember Newins requested adding policy language for rural areas that discourages paving and encourages natural surfaces. The motion makers agreed to the amendment.
• Outcome: Approved 8–0 as amended.

F. RECONSIDERATION of PLN-USE-2024-024 – DBG Small Arms Repair (Deep Creek)

• Applicant: Harold W. Fannell (home occupation for small arms repair on 0.3 acres).
• Background: Original motion to approve failed 4–5 on Oct. 15, 2024. Reconsideration requested by Councilmembers Newins, Ritter, and Whitaker.
• Staff & Planning Commission recommendation: Approval with eight stipulations.
• Speakers: Vic Nicholls (supportive) questioned whether firearm components should be explicitly included in transfer language.
• Council discussion: Councilmember Newins amended stipulation #7 to include “or components thereof” per Virginia Code language. City Attorney Lindley advised that state law preempts localities from regulating firearm transfers and that the amendment is appropriate.
• Outcome: Approved 6–2 (Councilmembers Bunn, Carey, Ike, Newins, Ritter, Whitaker in favor; de Triquet and Ward opposed).

New Business

• Councilmember Carey requested staff review the Table of Permitted and Conditional Uses for the O&I District to make all alcohol and substance abuse facilities conditional and consider requiring a minimum distance from schools. Also requested a study of crosswalk options for safe crossing of Indian River Road near Blue Heron Landing Park.

Key Outcomes

• Approved (with modified proffers): Cardinal Meadows proffer modification (5–2).
• Approved: Arete Academy conditional rezoning (8–0).
• Denied: Fishing Point Healthcare conditional use permit (8–0).
• Continued: Rural overlay text amendment to Jan. 21, 2025.
• Approved (as amended): Trails and Connectivity Plan update (8–0).
• Approved (with amended stipulation): DBG Small Arms Repair home occupation (6–2).
• Closed Meeting (8:03–8:14 p.m.) – Certified for discussion of utility facility investment; no actions taken.
• Future directions: Staff to review O&I district regulations for substance abuse facilities and crosswalk options on Indian River Road.