Welcome everyone to our Tuesday, March tenth, twenty twenty six uh City Council work session.

Turn it over to our city manager.

Thank you, Mr.

Mayor.

Um so uh this is right in my wheelhouse land use planning, so been looking forward to this for a while, but uh two very interesting topics tonight.

Uh council is aware, and I hope everyone's aware that our vision for the community is to make Chesapeake an exceptional place to live, learn, work, farm, and play.

And we live in a really unique community where we have a lot a lot of different character areas, and we're gonna see some of that tonight.

So council's taken several steps over the past few years to protect the rural character of uh Chesapeake and to promote the rural economy.

And so we're gonna talk to you about a tool that's uh actually authorized by state code that we're not currently using in Chesapeake, that's transferred uh development rights.

And then second, we're gonna talk about the uh Deep Creek area plan.

You've seen this a little bit before.

Um we're getting near the finish line, so the team wants to um uh have a chance to present uh sort of where we're at, what kind of feedback we've been getting.

But first up on transfer of development rights, I'll turn it over to Dr.

McNamara and Daniels.

Thank you, Mr.

Manager.

I I I like that you uh included a lot of the previous work that we have done so far as a as a city to to really look at preserving uh you know rural Chesapeake in particular.

And I'll take us back on a journey uh, you know, just a couple years ago where we closed the agricultural subdivision loophole.

Uh and you can see on the screen here that we have an exhibit that shows uh that that point in time we had uh a great number of unintended uh uh residential lots that started popping up in southern Chesapeake.

And it was because of a loophole within our regulations that allowed uh this to happen.

And through a great amount of uh public input and and working with the community to try to find solutions here, difficult decisions were made on behalf of the council to uh prioritize closing this this uh subdivision loophole that was in place.

And at that time, we uh we told the the landowners uh that we would be back with a tool that would help offset the loss of this subdivision loophole with another tool that could help uh with uh potential uh compensation for preservation of these properties.

So we're back today, and we want to talk about uh transferable development rights.

But first, we want to talk about tools that we already have in our tool belt.

And the first is our existing purchase of development rights programs.

So these are our PDR programs, and I think there are some similarities between this and transferable development rights.

Our first one is our open space and agricultural protection program, more commonly known as OSAP.

Uh this program is uh is as is named to promote open space and agricultural protection.

It is funded in large part by local dollars uh that we go and we purchase development rights and we extinguish those development rights uh and we put an easements on these properties to make sure that they're they're preserved and in perpetuity uh to allow for agricultural type uses but no longer development uses.

Another program that we have is our French risk encroachment protection acquisition program, our FEPAP program, and this uh focuses on compatibility with uh operations of the military operations around the Fentras airfield.

Uh and in general, uh this is really used to extinguish again uh the residential development rights in this area.

So those could either be properties that are bought in fee simple by the city and owned by the city, or it could be through uh the purchase of uh of easements on property to make sure, again, that these incompatible uses such as residential are no longer placed on those properties.

And likewise, when we talk about our Navy uh multi-year agreement and readiness and environmental protection initiative, REPI program, uh, this really focuses on the five-mile area around the uh around the Northwest Annex to make sure that we have compatible uses there, and that's really focused on protecting uh the the Rother operation and uh making sure that we don't have EMI interference.

And again, that usually means trying to keep residential uh uses away from that facility.

And as we've talked about in multiple occasions, uh, you know, when we talk about land conservation, there is no one silver bullet.

This is a comprehensive approach to uh preservation of uh the character of rural areas, and this is going to take things like OSAP and FEPAP and preservation divisions and agritourism and farming villages, and as we're here to talk about today, transferable development rights uh in order to accomplish the full goals that we are looking to do.

So I want to shift our focus now and look at our comprehensive plan that was recently adopted, and through you know some pretty extensive uh uh communication and engagement with our community, uh, you know, we have selected uh the reinvest and preserve uh uh growth model uh that was projected as part of our initial information that we background information that we that we did for the comprehensive plan.

And in this model, what we essentially look at is maintaining a growth rate that's similar to what we have today, but instead of business as usual and expanding into the rural overlay, we focus on redeveloping within the areas where we have existing service uh services like water and sewer and roads that are in place.

And what this means is when we talk about urban mixed use, this is a term that's been used for quite some time within our comprehensive plans, uh, we have really uh shortened the areas that we call for urban mixed use.

And it's reserved for areas that say that are prime for increased population activity, and it's critical that these areas do develop with that uh increased density and activity in order to accomplish what we're looking for in the in the comprehensive plan.

Uh you know, we've we've designated a lot of these areas to to accommodate a lot of the growth that we are anticipating in uh in the time period up to 2045, and we need to make sure that we have uh that we develop these areas as as as called for.

When we talk about our growth management and rural area chapter, there are multiple policies that that are going to be relatable tonight.

The first one is growth management uh policy number one, which prioritizes the protection of agricultural and environmentally sensitive land by limiting development in those areas.

We also have as part of number two, supporting and focusing density in a few strategic areas of the city.

And then number three, ensuring development follows the pattern established by the overlaid districts.

So making sure that we have these compatible development patterns throughout the city as designated by the comp plan.

And then specifically for tonight, number five, develop a transfer of development rights program to ensure density occurs in the parts of the city where it is most appropriate and rural landowners are compensated for preventing development of their own land.

This relates back to our smart growth principles.

In particular, we're looking down at the bottom here where we talk about directing development to target areas and then preservation of farmland and natural resources as well.

Transferable development rights, as you'll see, uh when we do when we have a program like this, it interlocks all of the elements of our our smart growth principles.

So the progress made to date.

So step number one that was taken was adopting the Greenbrier Area Plan, which was done in August of this year, which establishes an area of our city where we're looking at increased density.

Number two, which there we go.

Number two was adopting our comprehensive plan, which was accomplished this January, which outlines the policies and procedures for moving forward.

Number three, we're looking at the transferable development rights program tonight.

And as we'll talk about in a little bit, uh, the creation of a greenbrier overlay district so that we can outline uh the ways and methods that we can accommodate this additional growth within our receiving area.

So again, pointing out uh with the with the Green Briar Area Plan, we have adopted uh in particular guidelines for urban mixed use, and these are going to be the areas that we'll talk about as receiving areas.

Now I'm gonna hand things over to Dr.

Daniels, who will go over transferable development rights.

Thank you, Jimmy, and thank you for the opportunity to meet with you here this afternoon.

What I would like to do this afternoon is walk you through first what a transferable development right is, second, how transferable development rights programs work, and third, how a transferable development right program could work here in the city of Chesapeake.

When you own land in the United States, what you own actually is a bundle of rights to that land: air rights, water rights, mineral rights, the right to use the land, the right to rent it, the right to pass it on to heirs, the right to sell it, and you do have a right to develop the land as well, and that right can be modified by zoning.

A transferable development right is an additional right that is given to landowners by a local government.

It is a creation of local government.

So the idea is to give these transferable development rights to landowners in what we call a TDR sending area.

This is an area that the city would want to preserve.

So here in Chesapeake, the TDR sending area is the rural overlay district that you want to preserve.

The idea is that landowners in that TDR sending area can sell their transferable development rights to developers who then would be allowed to build at increased densities in what we call TDR receiving areas, and the TDR receiving area that we have identified so far is in Greenbrier.

So one of the real strengths of a TDR program is that it's a way to move development potential from one property to another.

If you just buy the development rights from a property, such as in Fentris or through the OSAP program, you're retiring that development right.

It doesn't move anywhere, it's just retired.

In the case of a TDR, when a landowner sells that TDR, the development potential is transferred from the sending area to the receiving area.

Why this is very helpful is on the one hand, landowners get cash out of the land without having to sell land.

On the other hand, it's attractive to the developers because they get the opportunity to develop at a higher density and make more profit in the area where you want that development to go.

So the community also benefits by getting the growth that the community wants as well as the preservation that the community wants.

It's also important to note that the TDR program is strictly voluntary.

It's an option for landowners in the TDR sending area to consider.

It's an option for developers who want to build in Greenbrier to consider as well.

But I think it's important to note that TDRs are prior primarily developer driven.

If developers aren't interested in buying TDRs, where is the cash going to come from to compensate the landowners in the TDR sending area?

So to do this, it's very important to balance the TDRs in the sending area with the TDRs in the receiving area.

Prices of TDRs are determined through negotiations between the sellers of the TDRs, the landowners, and the developers who want to purchase the TDRs, just like any real estate sale.

So ideally, if this all works out, it really can be a win-win-win situation.

Again, the landowners in the TDR sending area get cash compensation.

And in the process of selling their TDRs, a perpetual conservation easement is placed on their property.

A conservation easement is a legally binding contract that restricts the use of the land to agriculture, forestry, or open space.

That conservation easement would be held by the city of Chesapeake, and that conservation easement would run with the land.

So future owners of the land, whether they're inheriting the land or buying the land, would be subject to the restrictions in the conservation easement.

Conservation easements are very popular in the United States.

There are more than 200,000 conservation easements that have been created across the United States.

As far as TDR programs, more than 200 TDR programs have been created across the United States.

Some of the more prominent ones are in Montgomery County, Maryland, where about 50,000 acres have been preserved through TDRs.

The Pinelands in New Jersey, which is in a more rural area, about 55,000 acres have been preserved there.

And in 2006, the Commonwealth of Virginia authorized the creation of transferable development rights programs, and in 2010, Frederick County, Maryland created a TDR program, and they've preserved a little more than 5,000 acres with that program.

So what we are recommending for creating the TDR sending area is the rural overlay district, and landowners would need a minimum of 50 acres.

The reason for that is first of all that the purpose of the program as we see it is to preserve agricultural forestry and open space.

If we just opened up the entire rural overlay for all landowners, regardless of acreage that they own, we would have a huge surplus of TDRs, which would really depress the value of those TDRs.

So again, we're trying to create a market here, supply and demand with a price that has value both to the landowners and to the developers.

Properties that are already under a conservation easement would not be eligible.

Properties that are under a wetland restriction would not be eligible either.

And the property could not be solar farm, and the property could not be owned by the state or federal government.

In allocating the number of TDRs to landowners in the sending area, what we have suggested is that for each lot that a divorner could subdivide, the landowner would receive three TDRs, and we would give one TDR for three acres owned, and that one TDR per three acres reflects the zoning in the A1 agricultural district, which is one house per three acres.

So you can see on the slide here, if you own 50 acres, you would have 15 TDRs from the five lots that you could subdivide, and you would have another 16 TDRs, one house per three acres.

So based on these eligibility criteria, we identified almost 200 parcels covering a little more than 26,000 acres in the TDR sending area containing not quite 12,000 TDRs.

And you can see these highlighted in the yellow on the map.

So here are four options that a landowner can consider.

One, do nothing.

It's a tool, it's not something that anybody is going to force a landowner or a developer to use.

Second, a landowner could sever and sell all the TDRs and preserve the land under a conservation easement.

Third, the landowner could say, No, I'm not interested in preserving my land, I'm going to subdivide five lots.

Or fourth, the landowner could decide a mix of carving off a few lots and selling some TDRs.

So the program has some flexibility built into it.

Something I mentioned last night at our meeting with the landowners and developers is in my experience with conservation easements, which goes back about 35 years plus.

So here's an example of how it would work.

This is a 75-acre property that would have 40 TDRs.

And in this case, we're looking at a landowner selling off three lots of three acres each.

So each of those lots would use up three, excuse me, four TDRs, a total of twelve TDRs, and there would still be twenty-eight TDRs remaining that the landowner could sell.

So that's an example of the flexibility that's built into the system.

I think it's also important to note, and we shared this slide last night, something about land values.

Landowners, if they subdivide a three-acre lot in the rural overlay district, can grow somewhere between two hundred thousand and two hundred and fifty thousand dollars.

And the most recent sales of conservation easements in the rural overlay have varied between about $15,000 and $18,000 an acre.

So these are sort of numbers that if you're going to negotiate the sale of a TDR, you want to consider.

Finally, the mechanics of a TDR program.

The landowner would first in this TDR sending area would contact the city to determine how many TDRs are on the property.

Then the TDRs would be certified by the city.

The city would say you have this many TDRs.

And then the landowner would have to make a decision do I want to subdivide or sever off any TDRs for sale?

If so, then the landowner would place the TDRs for sale and negotiate a sale price with a TDR buyer, a developer.

Next, there would be a severance of the TDRs, and that would be recorded along with the conservation easement.

And the property taxes, we spoke with Greg Daniels uh this morning about this, and it looks like the property taxes could be uh reduced on the property under a conservation easement.

And when uh the buyer acquires the TDRs, then there's a deed of TDR transferred uh attached to a property that the developer wants to use uh with those TDRs to build at a higher density.

So that's the mechanics of the program, how it works, and I'm gonna pass things back to Jimmy at this point.

So that's kind of the sending area story, but the TDR program requires both sending and receiving areas.

Um when we're talking about recommendations related to receiving areas, our initial areas that we're looking at are number one the the green bar areas of transformation, which have been identified in the red over here.

So, in particular, our central greenbrier area and our regional hub, uh looking at places like the Greenboro Recreation District and the Health Village District.

Those are areas that we have targeted as you know with within the Green Bar Area Plan is being able to accommodate additional density and having a plan in place to uh to accommodate that.

The other is the green bar areas of enhancement.

And you'll notice here that uh we really want to target things within the green bar areas of transformation.

Those are the areas that we would really like to see uh the the additional growth.

And uh what we would look at is uh doing a buy right uh option with within these areas, and we're gonna talk a little bit about what that entails here in just a minute.

Uh but areas of greenbird area of of enhancement would require a rezoning in which to use these TDRs.

When we're looking at future areas, uh additional areas like uh Deep Creek within the North George Washington Highway and the South Military Highway areas, uh, those could certainly be potential future areas for TDR program.

And then as we get underway with our Western Branch area plan, certainly looking at areas like uh the urban overlay around the Chesapeake Square area as potential as well.

So, how do we create value?

Again, this is a developer-driven program.

If developers are not interested, then the cash is not there to actually purchase the development rights, and this program does not work.

So creating value is very important here.

So the first is a transfer uh ratio, and which is the amount or type of development that a developer can acquire uh can build by acquiring one TDR.

And in this case, we're looking at transferring ratios of you know one TDR equals essentially uh one dwelling unit for single family detached and attached would be two dwelling units, and then multifamily looking at one TDR equaling five dwelling units.

So again, there must be value there in order for these to work out from a financial perspective.

So when we look at property owners within Greenbrier, what options are there uh for them as well?

Uh number one, you know, if you're in a receiving area, you can develop under your current current zoning.

We are not changing your current zoning as proposed here.

Uh so you have business zoning that's in place, you can continue to use that business zoning as it already is there.

Option number two is using TDRs to transfer residential in.

So in this case, what we would be looking at is number one, requiring TDRs for all residential units, and then requiring that any development comply with the design guidelines that was approved as part of the Green Bar Area Plan.

Now the third component and most critical component here is making sure that we have adequate infrastructure.

And when we're talking about adequate infrastructure, most of the time when we're talking about development coming in, the way that we negotiate infrastructure is through the proffer agreement as part of a rezoning.

But to get you know to the to the assurances that are necessary for developers to be interested in a TDR program, because what we don't want to happen is a T a developer to go out, purchase development or TDRs, uh be ready to go, and then uh the that project falls apart and they're stuck with TDRs and nowhere to go with them.

So what we have petitioned the uh the General Assembly uh for specifically is uh the concept of development agreements.

So uh, and uh and we can certainly talk about the the where where this is at within the General Assembly, but we've had some success so far with the clearing uh Senate subcommittee uh with these, but this would essentially take place of the place of proffers so we could identify any infrastructure need when it comes to traffic to public utilities, to schools, uh, and we could negotiate with a developer at that point to identify mitigation to to offset uh any uh impacts that are that are that that are brought about by the development.

So, again, this allows us to negotiate land dedications, cash payments, uh public improvements, whatever is necessary to accommodate this additional growth.

And this would replace the proffer process in the case of TDRs.

So again, this is focused within the areas of of transformation within Green Bar.

These are the areas that we have identified as ripe and ready for redevelopment and for additional growth.

In those areas of enhancement, what we would be looking at is still a rezoning process.

So basically setting a floor of what the density that's allowed there now and being able to increase that density with the addition of TDRs.

Uh the reason for this is that these areas are a little bit outside of our areas of transformation, but we still may see some redevelopment within these areas, and we think that those are the areas that would be necessary to look at on more of a case-by-case basis with a with a public hearing process as part of a rezoning.

When we talk about Deep Creek and Western Branch, again, details to be determined on this.

We certainly are going to be talking about Deep Creek here in just a moment.

Uh but once council makes uh a policy decision specifically on Deep Creek, we will look to make recommendation on uh whether or not uh some of those areas would be uh candidates for uh expansion of the TER program.

And these could follow a green bar model uh but would require an overlay district and a creation of potentially TIFF districts within here to make sure that we have the ability to negotiate uh development agreements with them.

So next steps.

Uh so tomorrow night we will be presenting to planning commission.

Uh if we get positive thumbs up from both uh from City Council to move forward here, the next steps would be to adopt the initiate adopt uh initiating resolutions uh to begin work on creating a TDR ordinance and to create a Green Bar overlay district.

And I say these these must go in concert.

Uh we have to have a receiving area, and as uh Green Bar being our designated receiving area, we must have those regulations in place prior to the adoption of a TDR program, which is going to be sending uh development rights into that area.

Also, we would need to amend the comprehensive plan to specifically create maps to designate these sending and receiving areas for the TDR program and finalize any uh other or finalize all ordinance updates.

And of course, this would all require a public hearing process in order for this program to go through.

So this will certainly involve an extensive amount of public input again as we're going through the process to specifically designate the sending and receiving areas and the criteria for which uh this program works, whether that be transfer ratios, uh easement details, and such.

So I'm gonna turn things over to our city manager real quick to talk about potential threats to TDR.

Thank you, Jimmy.

So um, if you recall, one of our highest uh uh top legislative priorities was uh amending uh the code of Virginia to allow for the creation of development agreements, because there was certainly concern on behalf of council in the community that if we were to um have this tool that allowed for additional development in a place like Greenbrier, we would lose the ability to negotiate proffer.

So, how would we come to some agreement to negotiate mitigation of impact?

And so we were we've been very successful so far.

It's tracking.

I want to say thank you to Delegate Hayes and Delegate Leftwich on the House side and Senator Craig in particular, as long as as well as uh David Westcott, our lobbyist, uh it was a very difficult uh job to navigate this General Assembly session, um, but they were all real advocates uh for us here, and so we really appreciate that.

And so it's tracking that that that legislation to authorize the City of Chesapeake um to implement these development agreements is tracking, and we expect uh um hope hopefully that the the governor would sign that.

Um on the concern side of the House, if you recall when we started this uh journey, the goal was to um give landowners in Southern Chesapeake an additional tool to compensate them if they couldn't develop their land or if we didn't want them to develop their land.

And and you've had many um many instances over the years where residents came to City Council asking you to do things like closing the agricultural subdivision loophole that was causing a lot of development in Southern Chesapeake.

So we did those things at the request of the community, but that this was sort of our pledge that we would take a look at all of the tools that the Commonwealth of Virginia authorizes the localities to use, and this is one of the big ones that we aren't using.

Um so this would marry those ag preservation goals with your um your development goals of having development take place in areas where we have the infrastructure to accommodate that development.

And so it really is an opportunity for a win-win.

However, there's been several um pieces of land use legislation that have tracked through the General Assembly this year that would gut localities authority on local land use, and that's been one of council's priorities for years is to maintain local land use authority.

We've never really experienced anything like this with both the volume of bills aimed at limiting local land use authority and the nature of those bills, meaning how impactful they would be.

Some of the bills, and so two are mentioned on this uh slide, would have probably certainly the first one, maybe would have limited the viability of a transfer of development rights program because what it would have done is allow by right on 75% of all land zoned for commercial or business use.

So think office, retail, um, industrial, maybe even agricultural, because that is a commercial use, so we weren't sure about that.

But 75% of all that land would have allowed apartments by right.

So that would have done a couple things.

Number one, it would have been catastrophic for our economic development because those sites would have value for for use other than economic development and likely would develop for that use.

Number two, we'd have no ability to mitigate impacts.

And number three, if you could develop by right on those commercial areas, then there would be no market for transfer of development rights.

Now, fortunately, that bill was defeated.

It was kind of came down to the 11th hour, but it was lobbying from nearly every locality in Virginia can sustain lobbying over the course of several months.

And so those uh for for at least this year have that that that was defeated.

The second is still tracking.

Um, it's colloquially known as the Faith in Housing uh bill, and this would allow mixed use or or you know um multifamily residential development by right on any property owned by a tax-exempt religious organization or nonprofit.

So in our world, zoning really doesn't follow the landowner.

It doesn't matter who the landowner is, the community gets to decide um where uses are appropriate, and then we have the ability to be able to in a in a coordinated manner provide infrastructure for that development.

This would turn that on its head by giving these classes of landowners unique privileges that regardless of the appropriateness of the use or our ability to provide services in some instances, this would become by right development.

This bill is still tracking, and um I I think is you know, it's I think it's a fair chance that it will be successful and get passed.

And so while not as damaging as Senate Bill 454, this will have some impacts on our ability to cite multifamily development, and the more multifamily development that's occurring by right, um, there's only but so much demand for multi-family development in the community, and so by taking demand away from areas where we have planned for that kind of infrastructure and putting it into areas that may or may not be appropriately served with infrastructure, it might be cheaper for the developers to utilize that tool.

So again, this might harm our ability to effectively use the TDR tool that we fought so hard to get.

So we are st I say that all because we are still tracking.

We're still monitoring and whatever gets passed, we will continue to evaluate what the impacts would be on this program.

However, that being said, we would like to get started on these conversations.

So we've had uh we've had some some very significant conversations with a variety of stakeholder groups.

Um we will be requesting council initiate um a zoning amendment, um, and all that does is authorize us to continue these conversations.

We'll continue to seek stakeholder feedback.

Um there's a lot of different perspectives on this.

We will continue to hold public information campaigns until we bring you a tool that works for the community, achieves the outcomes you are trying to achieve, but also is sensitive to the dramatic changes in the housing market that we may see.

And we don't know that right here today.

So I just I know that that's on some of your minds about these changes.

I just want to let you know that you know we are tracking that as well, and we'll will respond accordingly.

Before we turn it over to questions or comments, I would like to say a couple of thank yous.

I mentioned thank yous for uh delegates left witch, delegate Hayes, and Senator Craig and David Westcott.

I always want to say thank you to uh Jimmy and the team.

Uh you all know this, but they have done a phenomenal amount of work over the past couple of years with the comprehensive plan update, the small area plans they have done, this work, which is really unique to the City of Chesapeake, certainly, but a little unique to Virginia, and all of it has has involved significant stakeholder engagement.

So they're out almost every night of the week working with our community to make sure that they are bringing plans forward that embrace uh the needs and and desires of the community.

So thank you to Jimmy and the team and to Dr.

Daniels.

We didn't do this in the introduction, but with this particular tool, we really wanted to make sure that we bring in specific expertise on someone that has done this before.

And uh Tom is probably uh, if not the, he's certainly one of America's foremost experts on this subject.

I've had the pleasure of working with Tom before, but you have heard the phrase, you know, they wrote the book on something.

Tom literally has written multiple books on these subjects that are our core books used in the planning profession.

So I appreciate Tom's participation in this project as well.

And with that, I'll turn it over to Council.

Thank you, Ms.

Manager.

And thank you for those comments uh uh in terms of those who participated in all the work that's been done.

I have a quick question for you before I open up to council questions.

Uh the 501 C3, what is that?

What's an example and how hard is that to get?

So it's really any not any, many charitable um uh groups, nonprofit organizations have 501c3.

That's a tax designation through the Section 501c3 of the IRS tax code, but it's their tax designation that makes them a tax-exempt organization.

So I don't know if it's it's probably the majority of our nonprofits and and charitable groups have that designation.

And so it couldn't just be Elena will decide to get that status with some organization that they created so they could put houses.

I would never say never, but uh that's not the I don't believe that's the intent of the legislation.

Okay.

There's a there is a pathway, is what you're saying.

Mr.

Brother, I know you have some questions.

Let me turn it over to you.

I do, thank you.

I know we have limited time.

Um I was able to visit this meeting last night along with um Mr.

Smith and Mr.

Whitaker.

They may also have questions.

But I have a series of questions, short answer, not the long essays, but um short answers that I hope will clear up some of the issues that arose last night.

Many of them were very good questions and questions that are going to take repeats to um have people have some faith in what we are doing.

Um I always think it's healthy to have you know good question about what government is doing and make sure that you get answered completely.

So I'm gonna go to the manager first to reiterate what you have just said.

This is a work in progress, is it not?

Yes, ma'am.

And you expect there will be changes, et cetera.

Yes, ma'am.

Okay.

So this is not a hard and fast proposal, but it's an initial introduction.

Thank you.

Uh now I'm going to go to the city attorney, if I might.

Um let's I want to talk about, have four or five questions on the comprehensive plan.

And most of these go to public input and the future of that.

That was a very significant issue raised last night.

So number one, the comprehensive plan.

Does it carry the force of law like the zoning ordinance?

No.

It does not.

Okay.

Any changes in the comprehensive plan must be approved through the public hearing process.

Is that correct?

Correct.

Okay.

If there are receiving areas that are identified at the very least on the comprehensive land use map, that would have to come through a public hearing, correct?

Yes, whether it's presented as a sending area in the comp plan or in the zoning ordinance, both of those would require a public hearing.

And we will require not only amendments to the comprehensive plan, even the Green Barrea Plan, as well as to the zoning ordinance.

Is that correct?

At this point in time, that does appear to all be true that all those documents would be.

Okay, so it's not uh one step.

Right.

Great deal of concern.

And there are a lot of people at the meeting.

And then in an overlay district, we had the map come up.

Nothing in the overlay districts, which are defined by the comprehensive plan, with that with the exception maybe of Fentress.

Do they convey vested rights?

So if you have a vacant property in the suburban land, you know, overlay, and you want it it's zoned agricultural, but you want for another use.

You don't have the vested right given you in the comprehensive plan.

No, you do not.

You have to go through the rezoning.

Correct.

The comprehensive plan is kind of just like a guideline.

I always kind of describe it to people as almost like a cloud floating in the sky above a piece of property.

It's an idea, it's a vision, but it's not binding.

Okay.

I think that was one of the issues that we need to figure out how to properly convey the information.

I know there were people sitting in that room who believed that when council approved the current comprehensive plan, particularly for Greenbrier, that was a green light to go.

And I think that was we could have communicated that better.

Would you agree?

Yes, ma'am.

Thank you.

Then I'd like to talk a little bit about conservation easement and timing.

The recommendation, as I understand it from Mr.

McNamara and Dr.

Daniels, and thank you, Dr.

Daniels.

You really did write the book and probably several others.

And if any of us could afford to go to Penn, we would come to your class.

The issue of the perpetual easement.

A number of people raised a time limited easement, which is not the recommendation.

And I I think their recommendations quite sound.

Otherwise, if you try to do anything other than a perpetual, it's going to become so complex that nobody's I mean, that's just my opinion.

So I concur with that.

I would also say if it were I doing this, if someone wants to extinguish that conservation easement, the person who purchased it, would they be I mean, this is a rhetorical question.

Are they obligated to extinguish whatever they built with it?

I mean, that is the way my linear thought process goes.

So this is whether it's Ms.

Lindley or Mr.

McNamara.

This is a private transaction, correct?

Yes, ma'am.

So unlike our OSAP program, this would the city might hold a library or bibliography of available people who might want to participate, that could be provided to someone who might want to purchase it.

That is correct.

Okay.

I'm going to try to go pretty quickly here.

The conservation easements are then recorded on a deed, correct?

I anticipate it would be a separately recorded document, but yes, it would be recorded in land records, and it would be attached to that property.

And so if every title search, every transaction, that would come up as a basically a development restriction on that property.

And would it be able to be restricted to where it can't be lifted by a purchaser of the property?

At present that is our goal, so we would draft it to be perpetual.

Okay.

Thank you.

The one other this is not so high level, but it was an interesting question.

You answered it well, Mr.

McNamara.

On the they've talked about 50 acres, but a question that came up was about road frontage.

So I guess who should answer, Ms.

Linley or Jimmy?

I'll take that one.

Road frontage would not be a determining factor in a transaction such as this, correct?

That is correct.

So you could the TDR could cover what we would call a flag lot.

That is correct.

In order to preserve that land.

That is correct.

Okay.

Great.

Now I have a couple of just very quick editorial comments before somebody takes over.

Did you leave out or is it the same thing?

The Northwest River overlay.

So the Northwest River Overlay is located within the rural overlay, so it covers all the property that would be located within that area.

Right.

But we have a vehicle to buy property via the utilities department.

Is that the same thing as the one for Northwest annex?

That is, I believe is separate from that program.

Okay, so we want to make sure we put that in there as another available funding source.

And good for you, Mr.

McNamara.

You keep sneaking in that farming village that I don't believe we've done anything with yet, right?

No, ma'am.

I I want to give you an A for effort.

Thank you.

Thank you, Mayor.

Thank you.

And the only way we could consider it if it was in there, so thank you for putting it in there.

I am sorry, Mr.

Whitaker.

Thank you, Mr.

Mayor.

Mr.

McMuire, if you would be so kind, sir.

Could you please explain exactly what can be done with property that has sold its rights and put into a conservation easement?

Can you say that you can still farm it?

You can still raise livestock.

You can cut down trees, regrow trees.

Could you indeed build a pole barn or something like that that would be used for ag purpose?

So let me defer to Dr.

Daniels on this one because he has had a lot of experience with these easements.

In the case of the agricultural conservation easements that I have worked with for many years, a landowner is allowed virtually any agricultural use of the property, including fences, barns, sheds, machinery sheds.

I have seen, for example, uh entire dairy operations put on preserved land.

And I I think one thing that is important to keep in mind here is it's wonderful to see land preserved, but it is also important that a landowner be able to earn a living from that preserved land as well.

And so I certainly support agricultural development on preserved land.

And I would certainly recommend that any conservation easement that is used in the DDR sending area include the opportunity for literally virtually any agricultural use that is legal in the United States.

Okay.

Thank you very much, Dr.

Danis.

Let's see.

Mr.

McNamir, would you be so kind as to please explain why this proper would be attractive to a developer in the receiving area?

Or go into a little more depth, please.

Sure.

And I'll I'll kind of refer back to our work as part of the Green Bar Area P and what developers in particular are looking for when they are developing a project.

So a lot of due diligence goes into developing projects and redeveloping property.

That includes a lot of upfront costs for AE to design things.

And one of the things that we continue to hear over and over again was, you know, we we want to be told what you are looking for and how to, you know, how the development should occur, you know, what type of design, what uh what costs are required as far as infrastructure, what you are looking for.

And once we get to that point, we're looking for, you know, essentially a you know, uh a way forward to say that, you know, as part of the comprehensive plan, as part of your policies, this is what you have uh have have stated that you want for this property.

Now we have a pathway to success, uh, you know, because one of the worst things that can happen in particular uh for these projects is for a uh developer to come through, uh essentially, you know, comply with you know the the consistency, compatibility, and uh uh and compliance with all the requirements, you know, spend a lot of money up front, and then these projects fall apart at the at the end uh due to some challenges.

So, you know, one of the things that they are looking for is, you know, a vehicle to you know get things to market quicker, to get to things to market in a way that the city wants uh these things to occur, uh and also to you know make sure that we have a vehicle where they can maximize certainly you know uh return on investment as well.

Okay.

Thank you for answering that.

And uh and how or would the city would or how would the city prioritize the sending parcels?

As far as sending parcels, uh, you know, we we we talked about the the requirements uh that that we have recommended as far as it being a 50-acre parcel.

Uh so those parcels are are more conducive to agricultural type operations uh as opposed to some of the smaller ones uh to make sure that uh they don't have solar farms on them already, that they don't already have existing easements on them.

So those are the properties we have identified as uh as priority parcels within the the sending area.

So those requirements would kind of set the prioritization of the parcels that we would be looking to uh to take advantage of this program.

So all these parcels are predetermined by the city.

Would the city then touch base or send a letter of recommendation to these parcel owners, or how would exactly would that work?

Sure.

Well, we always any any program that we have, we try to, you know, make sure that we have get as much information as we can out to the public to make them aware of the opportunities that are there.

So we would certainly maintain uh you know uh a website and a presence to make sure that you know property owners who are looking to consider doing something else with the property that they are aware of of the options that are out there.

Um you know, not necessarily, you know, one of the things that I think is is important that was brought up at the meeting last night is you know, we have identified parcels right now that are 50 acres of size and meet the criteria, but there may be other opportunities where parcels, you know, there are side by side.

You might have a 20-acre and a 40-acre parcel side by side, and you can combine them.

So there might be additional parcels out there that could take advantage of this.

So identifying you know every opportunity would would be difficult, but we would certainly try to make uh all property owners aware uh through our communications, you know, in particular with our with our groups like the uh like the the Thorne Bureau, uh, the Agricultural Advisory Commission and any other uh civic groups that are out there.

Well, thank you very much, uh Mr.

McMare.

I'm very pleased to see that this is aspirational and uh I think it would be I think this could be very good for both our uh greenbrier area and uh and rural Chesapeake.

So thank you.

Thank you.

Thank you, Mr.

Councilman uh Redaker, Councilman Newlands.

Thank you, Mr.

Mayor.

I'll be quick.

I know we have got another presentation.

Um just wanted to follow up on the programs that existed.

There was three that were mentioned.

Have we talked to the city leadership there about the pros and cons of the programs that they have, any things they would change or recommend for future programs?

And if so, do you just mind providing that in writing to council for feedback in the future of any kind of feedback they had on future programs or what they wish they would or wouldn't have done?

As far as uh citizen feedback or from the localities.

I think there are three localities that were listed that already have TDRs in place.

Yes, ma'am.

Actually, we have a report uh that is in place right now where we have analyzed five localities or for pros and cons and some of the positives and negatives with each of those, we would be glad to provide that report to you.

Thank you.

And then just a couple other questions.

The definition of agricultural use that we were just talking about with Councilmember Whitaker, who is it that sets that?

Is that the locality?

Is that the State?

Is that Webster's dictionary?

What would we use for defining what agricultural use is?

And is that fluid?

What would we use for defining what agricultural use is and is that fluid with our TDR program I think we could adopt our own definition of that and once if we do adopt it into the zoning ordinance then it would be fluid in terms of council you know could obviously come back and amend an ordinance in the future.

Okay.

We would obviously try to base it on a reasonable standard that complies with our current laws and state law.

Mr.

Daniels did you have anything you want to add to that?

I see your lights on there.

All right I I I agree with counsel that I believe that you could define it in your conservation easement what constitutes agricultural use.

Thank you.

But then it it could be potentially changed by future councils.

So it could either be further restricted or expanded by future councils what I would propose and again we're in the early days of this but we would probably have a definition of the ordinance of you know what's agricultural defining sending areas if we have a specific conservation easement there may be parameters involved in different conservation easements that would remain in perpetuity.

So anything specific to that property obviously once it is recorded if those terms were included in it that would remain with that property.

Any definition the zoning ordinance could be fluid.

Okay we would basically record it with the defined agricultural use with the um easement we would have all that recorded together.

So we expect that there is going to be learning through this process.

And so I guess that yeah I think in our original conservation easements we would do our best to capture that but I anticipate over time that would probably be something that we would continue to engage in discussions on.

Okay.

And then for Dr.

Daniels or Mr.

McNamara, have we considered for the recommended requirements is there a benefit instead of going off of acreage identifying priority areas in the rural overlay that we would like to first start with so what I worry about is I love the concept but I worry about piecemeal development so you have different acre acres that are sold throughout and then others decide I don't want to do this program, I just want to develop and then you have these random developments through the rural overlay have we considered identifying priority areas maybe like one two and three or something along that lines I think we did that in grass field with development as well that's certainly something that we could look at we originally looked at prioritizing areas that were not included in the Fentrish overlay and within Northwest annex because that would give us more ability to focus in.

However there are a lot of properties within those areas that would benefit from TDR as well.

So we took more of an expansive look to say all right you know as far as the goals of the program we're looking for for the agricultural land but if it's council's desire we could certainly look at prioritization perhaps looking at uh development ratios in different areas that would prioritize other some areas more than others to encourage those landowners to participate in the program?

I think that would be beneficial for council to have I may be the only one that feels that way but I think that would be beneficial information for the council to have is if there are priority areas what would they be and how would we incentivize them to the public whether that's higher TDRs for those areas so we incentivize development be purchased there or you just have different I guess subsets that are available for purchase first.

I would be interested in seeing that but if it's not the will of council I certainly understand that.

Just a couple other quick questions I know we're short on time.

I'm interested in knowing how and Councilmember Ritter kind of alluded or Vice Mayor Ritter kind of alluded to this how do we balance TDR with our current plans?

So for example the rural includes some very important roadways that are contemplated under our master transportation plan.

How do we balance that the TDR program with the with that plan specifically and some other plans that we have along those areas so in particular the Pleasant Grove Parkway is one of the roadways that is located within the rural overlay that is certainly an outward facing roadway that we're looking at in the out years going forward.

Certainly in every opportunity that we get to reserve right away or have what roadway dedicated you know we we tried to take advantage of that if if properties within that are looking to do TDR or interest that are within that pathway I think that's something that we would certainly try to have a conversation with when those properties did come in and say you know hey look you know there's a master transportation roadway in here the city would be interested in you know purchasing a portion of your property due to or purchasing a reservation on your property to to make sure that uh you know we we reserve that for future opportunities as needed is there any way to somehow implement or include that in this policy moving forward because we we don't know if someone is interested in in who owns property there, they may not always come to the city first.

They may already have a deal worked out and then the city is the last to know.

So is there a way to include some areas that are um of interest to the city in this policy moving forward?

Absolutely.

Okay.

And um lastly, more legal questions, I'm sorry, but it I just the tax assessment, you brought that up.

Is there any protection for the city to avoid the scenario?

If I own acreage um and I I don't for starters, but if I did, if if I purchased my own development rights or I sold them to Councilmember Smith for a dollar, then my tax assessment is now significantly lower.

Is there any safe holds we can put in place to avoid that kind of I don't I wouldn't say it's a bad actor, but it's a smart legal loophole from happening.

I think you are talking about the uh do you want to take it?

Uh I would say the use value assessments with the real estate assessor.

Because then now my value, my land for the assessment purposes is significantly lessened because I have transferred my development rights, but I transfer them to my buddy Councilmember Smith, who is not going to go and use them, he's just going to hold them for me so I get a lesser tax assessment.

Those are defined by state law.

And so the parameters that the real estate assessor uses when those properties are determined to qualify for use value or not are kind of set in state law.

Um so I don't I mean we would have to explore that question further.

Seems like Chris wants to chime in too.

Yeah, I would say practically speaking, you would be permanently extinguishing the development rights on your property, and we as a city are willing to pay you to do that through our existing open space program.

So if Councilmember Smith is willing to pay you to do that, you know, it might be augmenting the programs we already have, but we will take a look at that.

Just something to consider that there may be, I mean, maybe I tell it to my child or you know, my parent or something like that that it could um have an issue.

And then last question, the Greenborough Overlay district that we're talking about, the receiving area.

Um I get them mixed up because if it's sending area receiving, the the one where they are going to.

Um are we considering a more expansive district than what the TIFF is currently?

Yes, ma'am.

It would be uh the TIFF district plus a couple of additional areas.

Fantastic.

There's just some areas outside the TIFF that I thought may be of interest to include, so I wanted to make sure we are looking at that.

Those are all my questions.

Thank you so much for all the work on this.

Calcum Smith.

Thank you, Mr.

Mayor.

I'll be brief.

Um the program that you have in place is fantastic.

I think it would do well for the city.

So thank you for your efforts.

Uh it took a while to catch on, but I did catch on to what's taking place.

Um I want to say in reference to the receiving end, when it comes down to multifamily usage and also commercial, I certainly just say something about conversation moving forward as far as restrictions and guidelines.

I would like to be a part of that conversation as it takes place and know what is going on regarding that.

And then lastly, is in reference to time frame.

Can you give us a time frame when this all would be wrapped up so we can move forward?

Well, I think the time frame uh belongs to the council.

So as soon as we are directed to begin work specifically on uh any of the required amendments, we will certainly uh you know continue the conversation, begin work on that.

Thank you.

Thank you, Mr.

Council Vice Mayor.

Thank you.

Just a couple of real quick questions.

Looks like we've extinguished our time for the Deep Creek plan.

Um we're going to have time for the Deep Creek.

Jimmy, when were you planning to go to PC for Deep Creek?

That would be next month.

Um can we run through it in 10 minutes?

Excuse me, uh my apologies.

We've been to PC.

We're we are proposing bringing this to council next month.

Yeah.

Can we can you get through it in 10 minutes?

No.

We will certainly give it a shot.

Thank you.

Okay.

Two things.

Um, we have three conservation districts currently in the zoning ordinance.

As this moves forward, we may want to contemplate a fourth that would encompass the TDR program with a different set or an additional or things subtracted.

Um secondarily, I'm in a very different place than Mr.

Smith.

I don't want to see the initiating resolution rushed.

First of all, in my healthy distrust of government, we don't know what will happen in the General Assembly until the veto session is adjourned.

Not just the regular session.

This these could all come to life again.

And we just don't know that.

So I hate to see a ton of work go into something that may not, you know, may need additional work, not to mention you know, there are timelines involved by the Code of Virginia.

Not to mention a belief, you know, there are timelines involved by the code of Virginia.

Um, I don't want to see this rushed.

I don't want the public to think it's rushed.

And in the best case scenario for the bill, it won't be effective till one July anyway, and we won't know the final form.

So as the words I'm here from the government to help you are not great for the public.

Council is now in session.

I'd like to recognize Councilmember Bunn at this time for the invitation and lead us in the Pledge of Allegiance.

Thank you, Mayor West.

Let us pray.

Dear Heavenly Father, as we start this meeting, we give you thanks for the privilege of serving the city.

Bless the plans made here tonight, keep our leaders and residents safe, and strengthen our commitment to the common good.

In Jesus' name, I pray.

Councilmember Jeffries is excused.

Councilmember King here.

Council Member Newman's here.

Council Member Smith.

Councilmember Ward.

Councilmember Whitaker.

At this time, I will go down to the podium for a special presentation, turn to Gavel over to our Vice Mayor.

They're here tonight with uh their parents, Christy and Jeb Brett, Tara and Clark Walters, and along with the rest of the family.

I'd like to ask the parents and the and uh the recipients to come forward, please.

Good see you.

Hi, how are you doing?

The City of Chesapeake has the privilege of recognizing individuals whose actions remind us that heroes are often just ordinary citizens who are simply choosing to do the right thing at the right moment.

At 4 30 in the morning, wow, at 4 30 in the morning on February the 18th, Jared Brett and Regan Walters were on their way headed to the gym at 4 30.

Now that should get some recognition right there at 4 30 in the morning.

And as I understand it from Jeb, is they actually passed the House and it was all smoke, maybe fire, went up to the next intersection and turned around.

Is that correct?

Yes.

Went up to the next intersection and turned around and went to the House to investigate.

And what they discovered was the home was engulfed in flames with a family still inside, and without hesitation.

They sprang into action and all and went in and started alerting the family by persistently knocking on the door and banging on the door and the windows until the father finally woke up and they safely got the family of five out of the home.

And because of their awareness and their courage and their compassion, lives were saved.

I never got a standing ovation.

Congratulations.

Reagan, I'd like to present this to you first.

Thank you.

Thank you.

Jared, I'd like to present this to you as well.

Thank you, sir.

Now we're going to go in front here and have a quick uh picture opportunity.

Well, I'm going to give uh our recipients an opportunity to have a word.

Who would like to go first?

Ladies first.

Oh, together, okay.

We just like to thank everybody for the award, and most importantly, we just wanted to do something good for the family and make sure that everybody was safe with them.

Yes.

Thank you all for having us here, and uh, it's been an honor and uh just doing what anyone should do.

And I also want to take a moment just to congratulate the parents for raising such great children and staying here in this great city of Chesapeake.

So God bless you all.

Thank you.

Thank you.

Well, the mayor is coming back.

Um, I'd like to read this uh about our meeting.

The City Council meeting is a limited public forum, so public comments must relate to tonight's agenda items.

When speaking, please focus your remarks on the merits of the applications to which you are speaking.

Doing so helps this hearing fulfill its purpose of gathering relevant information for the voting body.

Additionally to balance order with the public's right to speak, and as outlined in the city council's rules of order and procedure, any speaker who delays, interrupts, or disrupts this meeting through disorderly, insolent or disturbing action, speech, or conduct will be declared out of order.

With that, Madam Clerk, are there any speakers who wish to speak prior to the presentation of the public hearing items?

No, ma'am.

Thank you.

At this point, I'm going to turn the gavel back over to the mayor.

Thank you, Ms.

Vice Mayor.

Thank you, Ms.

Vice Mayor.

Next is Council's consideration for public hearing items.

Madam Clerk, would you please present public hearing item A?

A resolution authorizing the acquisition of property in fee simple, lease whole interest, and the acquisition of right-of-way and temporary and permanent easements, either by agreement or condemnation to be used for the Cedar Lakes traffic signalization project in the City of Chesapeake, requested by public works.

And I am going to take just a moment before I ask for speakers.

Family, if you were all ready to go, feel free.

I could read it in your face.

Yes, sir.

We have two speakers.

The first speaker is Vic Nichols, followed by Jimmy Jackson.

Good evening.

I just wanted to read a piece of the documentation that was put online for this particular item.

It says, whereas, in the opinion of the Council of City of Chesapeake, a public necessity exists for the improvements as described in the plans of the project for public purposes for the preservation of safety, health, peace, good order, comfort, convenience, and for the general welfare of the City of Chesapeake, Virginia, and for its inhabitants.

I want to make sure that that is read into the record so it can be used at another time.

Thank you.

Jimmy Jackson.

Speaking in support.

Good evening, Mayor.

Vice Mayor Ritter, Council members, my name is Jimmy Jackson.

I reside at 473 East Lake Circle in the Cedar Lakes neighborhood.

My wife Jean and myself have lived in that neighborhood for a little over 35 years.

If you had told this country boy back in the 60s that I would be living in a neighborhood much less a condominium, I wouldn't have believed you.

But here I am.

I want to speak tonight on the approval on the approval of the traffic signal to enter Cedar Lakes neighborhood at Cedar Road and Cedar Lakes Drive.

Cedar Lakes started back in 1985.

A lot of times in the day.

Please approve the requested appropriate appropriate request to appropriate the funds to complete the project and make my little place in Chesapeake safer.

Thank you.

Thank you, Mr.

Jackson.

That concludes the speakers.

Motion is in order.

Move approval.

Thank you, Dr.

Ward.

Second.

Thank you, Mr.

Letaker.

Please prepare to vote.

Any discussion.

Please prepare to vote.

Please vote and record.

Motion to approve the resolution as presented is adopted by an 8-0 vote.

Thank you.

Next is citizens' comments on agenda items only.

Do we have any speakers?

No, sir.

Excuse and consent agenda.

Would you please present that, Madam Clerk?

City Clerk Item 1, resignations.

A.

Steve Fonchillo, Bicycle Trails Advisory Committee, and B, Faith Watson, Public Art Committee.

City Manager Item 1, a resolution to authorize the donation of the Chesapeake Fire Department's decommissioned 2015 Freightliner Medic Unit to the Knox Creek Fire Department requested by fire.

That concludes the consent agenda, Mayor.

Thank you, Madam Clerk.

Are there any items council members would like to remove for their consideration in the regular agenda?

See none.

A motion is in order.

Move approval.

Thank you, Dr.

Ward.

Second.

Thank you, Mr.

Whitaker.

Please prepare to vote.

Please vote and record.

Motion to approve the consent agenda as presented is adopted by an 8-0 vote.

Next is our regular agenda.

Mr.

Manager, would you please present your items?

Item two is a request to accept and appropriate $115,932 received from the Office of the Attorney General to the operation ceasefire grant requested by police.

Thank you.

Motion, please.

Move approval.

Thank you.

Ms.

Rutter.

Second.

Thank you, Ms.

Newitz.

Any discussion on this item?

I just briefly mayor.

Thank you.

Would like to reiterate a comment I made, several comments I made at the last meeting.

My understanding is this is the last grant that will be extended from the highly successful Operation Ceasefire conceived and executed by Attorney General Jason Miares.

I have asked the manager, and he is working on completing the report to us, which we will be happy to share with our citizens about the tremendous benefit that Operation Ceasefire brought to our law enforcement agencies.

Many of these capital improvements were very careful how this money was used.

Every penny has been accounted for.

And it has done wonders to upgrade our law enforcement efforts that could not be fulfilled with our current membership.

Would that be correct, Mr.

Manager?

Yes, ma'am.

We were very fortunate to be in the pilot program.

We were one of 17 communities across Virginia.

And again, and this is my own editorial comment.

Virginia will be less safe with the cancellation of ceasefire.

This program was aimed at getting illegal guns off the street and helping to prosecute those who perpetrated crime, particularly with illegal firearms.

So I just can't say in the past three and a half years what this project has done to help make Chesapeake a safer city.

And I know the police, this is the my understanding from the Office of the Former Attorney General.

This is the very last grant that will be extended from ceasefire.

So thank you, Mayor.

Thank you, Ms.

Rutter.

Any other comments?

Please prepare to vote.

Please vote and record, Madam Clerk.

Motion to approve the request as presented is adopted by an 8-0 vote.

The next item.

Item 3 has two parts related to consideration of actions related to the Cedar Lakes Drive and Cedar Road traffic signal, both requested by public works.

3A is a request to transfer $212,000 from the Oaklet Bridge Project and $50,000 from the Greenbrier Yard Storage Building Project to the Cedar Lakes Drive and Cedar Road Traffic Signal Project.

Motion, please.

We've approved them.

Thank you, Mr.

Whitaker.

Mr.

Smith.

Second.

Thank you.

Any discussion on this item?

Please prepare to vote.

Please vote and record.

Motion to approve the request as presented is adopted by an 8-0 vote.

Item 3B is a request to appropriate $238,000 from the street maintenance fund balance to the Cedar Lakes Drive and Cedar Road Traffic Signal Projects requested as an emergency action.

Thank you.

A motion is in order.

Move any emergency as a discussion.

Thank you, Ms.

Newland.

Second, please.

Dr.

Ward.

Thank you.

Any discussion?

Mr.

Manager, could you speak to the timeline of this issue?

So we have done a lot of work on the design and engineering of the project.

You took action earlier to authorize necessary acquisition of easements or real property as may be necessary.

We have a contract lined up, and so that's the reason for the request for an emergency action so that we can execute that contract and get that done over the next several months.

We did have a discussion earlier about this in general why these stoplights take so long.

Could you just speak to that for a moment?

Yes, very interesting times in procurement world for private industries and the public sector.

So it used to be that we could get equipment like traffic signals, uh the arms for those facilities almost on demand.

Now it's a very significant lead time to be able to acquire those.

Um this is a pretty significant uh one.

And then it's, you know, when we are utilizing city properties, it is pretty easy to execute projects when we have to acquire properties or work with other utility private utility companies on easements or relocation issues.

That that can be an involved process.

We have seen that uh with other projects in the city.

So the combination combination of those factors has uh has uh driven that timeline.

Thank you, sir.

Uh Councilman News.

Thank you, Mr.

Mayor.

I just want to recognize staff on this item because this item is the perfect example of uh citizens' voices being heard.

A group of citizens came to council a year or two ago, brought this issue to council.

Staff acted very quickly to start moving this forward.

So I just want to thank the staff and our council, because this is the perfect example of citizens bringing issue to us and us getting it something done.

So thank you to the manager and your staff for moving forward on this.

Thank you.

Seeing all the comments, please prepare to vote.

Please vote and record.

Madam Clerk.

Motion to approve the request as presented and as an emergency action is adopted by an 8-0 vote.

Item 4 is a request to appropriate $1,250,000 of interest income from the general fund to the public works FY26 operating budget for snow related expenses requested by public works.

A motion, please.

Move approval.

Thank you, Dr.

Ward.

Second.

Thank you.

Councilman Newens.

Is there any discussion on this issue?

Seeing none, please prepare to vote.

Please vote and record.

Madam Clerk.

Motion to approve the request as presented is adopted by an 8-0 vote.

Madam Clerk, do we have any citizens' comments on services policies and affairs of the city?

Yes, sir.

We have four speakers.

They will get five minutes each.

The first is Vic Nichols speaking on affairs of the city, followed by Jack Jack Schenker.

Where is any City Council member on PEET?

The number two city in Virginia losing its power to NOVA in the redistricting question.

Five Fairfax reps, two from Richmond.

What is in it for us?

Number one is Virginia Beach, two is us, four is Norfolk.

We get nothing.

Number three is Arlington.

They get nothing.

Richmond, which is number five, gets two reps.

PWC, your Prince William County, for those of you who don't speak the state acronyms, will be in four different districts.

Why would any Hampton Roads Council member or the outerlying areas of Suffolk, Hampton, or Newport News, and the last two are actually in the top ten cities of Virginia, want to do something that loses our power as the top cities in the State?

Where are y'all on this?

Haven't seen anything.

Why is Greenbrier getting dumped on, referring to the transferable development rights?

Our traffic is so screwed up.

We have Eden Way North blocked from all access because Greenborough Parkway traffic refuses to wait at the light and blocks the intersection at Greenburgh and Eden Way, so nobody can move.

Council is going to be putting traffic on Eden Way North to take the overflow because you didn't do anything about Volvo.

You left that two lanes.

But this never meant to take a volume, and then Green Barr is blocking us.

The mall light is not synced, nor is the area patrolled.

Cedar Lakes traffic signals get approved, but Green Bar doesn't rate the same consideration.

Why?

Cedar Lakes got moved quickly when citizens brought it up.

Same for Great Bridge and the recycling bins move that within a month, but Greenbar gets the finger.

Why?

Four Southeast Virginia localities.

Four Southeast Virginia localities, Chesapeake is one robbed citizens of greater than 18 million last year, or more than a third of the entire state's total because of those wonderful little traffic traffic and the school lights on the speeders.

We accounted for 31 percent of the 957,000 speed camera violations across the state.

CPD collected 1.8 million on 30,600 violations, which was down, but still ranked fourth.

The state police report shows that no Virginia cities or counties deployed speed cameras in 2025 under the statutes high-risk intersection category.

You know what that is?

Those are road segments near a school crosswalk that have had a fatality since January 2014.

Unlike with school and highway work zones, though, localities can't keep the cash collected from high-risk intersection cameras.

It goes to the Virginia Highway Safety Improvement Program.

City attorney, is that not illegal by state law to run those cameras for dollars?

Because I'd say that's pretty obvious when that goes first before a fatality near a school.

Thank you for the two-way city.

Armed citizens are more effective in stopping mass shooters.

Believe it or not, data shows armed citizens have shot the wrong person once, and cops have shot the wrong person four times, and that includes friendly fire.

The number of victims killed, wounded, or total number of casualties is significantly reduced if armed citizens stop the attack compared to what the cops do.

And believe it or not, they reduce the number of victims and active shooter incidents by 2.7 to 5.2 while police have no significant effect.

They reduce the number of casualties by 5.6 to 8.8 percent, while police response results in a small increase that is significantly different from zero at the point one oh level in three out of four models.

That's what happens when you have armed and responsible citizens.

Thank you for recognizing those of us that believe in obeying the law and keeping ourselves in a manner that is what the founding fathers meant for us to have.

Jack Shanker, representing Mr.

Fent, Mr.

Fence speaking on corner lot fences, followed by Rosalind Woolley.

Hey there, good evening.

Came here a few years ago, and we were talking about corner lots then.

There was a lot of rules and a lot of lot of regulations, and you guys did address it, and you guys did a good job of getting it streamlined.

But now we're starting to have some other problems where there's people who have their yards already set by the previous rule, and now they want to replace their fences and they can't have them in the same places.

So they're being told you can't have your fence there now.

You got to lose five more feet of your yard.

Even though they went, you know, this has been going on for probably 15, 20 years, where they had to go to all these neighbors and get permission.

And every you guys are probably know somebody that went through all that.

And uh so we got that straight, but now it's everybody trying to replace their fences.

And everyone I go to, I'm like, no, it's got to go here.

And I've got several people, the spring season hadn't even started.

And I've got like five people like, what?

What?

What, you know?

So I'm asking again if you guys could take another look at that, and maybe grandfather, some people who did go through those links to get that permission and keep them at least, and then I could see the new people.

Okay, we've changed the rule to this now.

But the people who have already put their pools in and concrete or whatever in their yards, it's gonna be a big issue from what they've already had.

So that's all I was gonna say.

Thank you.

Next speaker, please.

Rosalind Wooling, speaking on vacant lots.

Good evening, Mayor and members of the council.

My name is Rosalind Wooling, and I reside at 320 Keith Court in Chesapeake, Virginia.

I've been a residence there for 27 years.

Oh, should I say I've been a homeowner there for 27 years?

Um back in 2015.

I came here and petitioned the city to tear down an abandoned property at 312 Keith Court.

And then the city did demolish the property.

And that property has been vacant since then.

There's nothing there.

Uh it's like having a missing tooth.

As well as at the corner of 301 Keefe Court.

It's a vacant vacant lot has been vacant since 2010.

And when I say trash, I'm talking about furniture, carts, beds, living room furniture, and they just leave it as if the it was the city dump.

And we pay taxes there, we take pride in our neighborhood.

And we like to see some changes.

It's just been a long time, and I don't know what can be done, but it just looks bad.

It looks bad.

And the second uh item is that the music.

Um I love music, but I have a couple of neighbors on the back side of Border Road, and they play their music seven days a week, and it doesn't just disturb me, but it's pretty much everybody on Keith Court or on both sides of the block.

You can hear the music.

I've called the police multiple times, and um I don't know what else to do.

Um I don't want to go over and ask the people to turn down their music because I don't know if I'm jeopardizing my safety in any kind of way.

So I'm asking counsel um what can we as neighbors and people on my block on Keefe Court can do about the situations.

Thank you.

We'll check.

Thank you.

Okay.

Elizabeth Goodwin speaking on foundation's activity updates.

Good evening, Mayor, Vice Mayor, members of council, city manager.

My name is Elizabeth Goodwin, and I serve as the executive director of the Great Bridge Battlefield and Waterways History Foundation.

We had a very successful 250th commemoration of the Battle of Great Bridge this past December.

Uh the Chesapeake Parks Recreation and Tourism Department did an excellent job on the reenactment.

I hope you all had a chance to get out there.

It was a wonderful event.

The Sons and Daughters of the American Revolution had a very meaningful commemoration ceremony, which concluded with the unveiling of our new interpretive panel in Battlefield Park.

And on December 9th, we had a full day of activities, including two battle walks, the VA 250 Mobile Museum, lectures, and presentations of two proclamations from Delegates Left Witch Hayes and Anthony.

And with the 250th anniversary of the battle behind us, we're now focusing on the 250th anniversary of America.

I wanted to give you an update on a couple of exciting uh events and some news that we have.

The museum is listed in the Virginia 250 passport, uh, which is a collaborative statewide initiative to encourage people to visit the state's foremost historic sites in Virginia for the 250th anniversary.

This program has brought new people not only to the museum but to the city of Chesapeake.

I've given Ms.

Madison passports for each of you.

Uh I've also given Miss Madison an email that we received from someone who is visiting the sites in the passport.

And I wanted to share just a few excerpts with you.

I've given copies of the full email to you.

But Miss Davies writes, I am trying to visit all the sites on the VA250 passport this year, and you were my my 13th stop.

I wanted to say that your museum may be the best laid out one I have been to.

The story being told is very clear, from ancient to present day.

This may be the first time that a museum dedicated to a single battle has kept my interest the whole way through.

The video room was especially effective.

I have really enjoyed my stops on the passport tour, but I wanted to let you all know that you have been one of the highlights.

I hope to have a career in historic preservation, and I think that your museum is a model of how that should be done.

Last week I had a visitor from uh another part of the state who was visiting several sites in the passport, and they said that they had never even been to Chesapeake before.

This was their first time coming to Chesapeake, so it's bringing people to the city by being in this passport.

Additionally, we've had uh we've been selected as a recipient of the Commonwealth History Fund from the Museum of History and Culture.

This will create a new exhibit titled Voices of the Great Dismal.

And this audiovisual experience features compelling stories of enslaved and free people of the Great Dismal Swamp and surrounding waterways in 18th century tide water, including Moses Grandy and the Maroon Communities.

We also have several exciting events coming up.

On March 26th, we will have a character interpreter portraying Benjamin Franklin, and that's part of our fifth annual history speaks lecture series.

On June 19th through the 21st, we are partnering with the Chesapeake Parks Recreation and Tourism for Sale 250, which will bring an 18th century reproduction sailing ship to the dock in front of the museum.

And then on July 4th, we will have our independence celebration and family fun day.

So I hope you make plans to join us for some of these events.

Thank you so much.

That concludes the speakers.

Thank you very much.

Mr.

Manager, uh that Green Bar Eden Way uh intersection does get backed up.

Can we look look and see if there are any solutions or ways that we can uh deal with that?

And uh do you have any comments about the fence, the request for uh grandfathering, or you want to just look into that?

Yes, sir.

City attorney and I were just uh uh chatting about that, not really aware of what the issue is per se, but we will check that out.

I'm sure we have staff that were familiar with working on that from the last time, um try to figure out what the issue is and then bring forward any recommendations to council to see what if anything uh we could do.

Right, and we uh I see Ms.

Worldsley left, but I know we'd probably need to let her know about reporting loud music and um uh I if you could just check out the the trash thing on her lots would be great.

And Ms.

Goen, thank you for what you all are doing.

Ms.

Critio, appreciate you being here.

Uh we just love what you're doing, and uh we just think it's gonna get better as time goes on.

So thank you for your leadership.

And this is awesome right here to get in the that.

So thank you for being here tonight.

Next on our agenda is uh unfinished business.

Do any council members have any unfinished business they'd like to bring up at this time?

Uh Councilman Newlands.

Thank you, Mr.

Mayor.

Um we received a memo dated March 3rd regarding um the city's proposed policy for connection for existing developed parcels for water lines, and it appeared that that memo was asking for some direction from council as it relates to a policy.

Um I would like to direct staff without objection to implement the policy.

Um that's dictated specifically that there is no mandatory um connections for residents along those the rest west road area was I think the main concern but the policy that was included.

There was some concerns that were raised to my attention regarding later connection fees.

So perhaps um that's something we can look into the cost of connection fees moving forward versus if you don't hook up now, the cost is substantial later on.

So perhaps that's something we can consider um reducing or amending in the future.

But that was the only old business I had.

Any other new business items?

Uh Dr.

Ward, old business, excuse me.

Dr.

Ward?

Thank you, Sumir.

And I guess it's not old and new, but again, uh traffic situation, and I know Ms.

Nichols has said a lot about it, but I did um bring up I mentioned to the manager um under perhaps new business, something we could look at, and that's the Green Briar uh Parkway, of course, Battlefield too, and um about the traffic pattern and the backups.

And a lot of citizens, of course, you know, have complained a lot about trying to just get traveled even one mile on great on Green Bar Parkway and on battlefield in the morning.

Uh but it's bad in the afternoon too.

And I mentioned uh, is there any way we could at least look at or uh think about the uh signaling if you could have it so that the signals are synchronized?

I know it's gonna take a while uh it's not done easily or inexpensively, but um I traveled Green Bar Parkway today on the way here because I had to stop by the school board office, and it really took me almost a half hour to travel less than a mile, and it's because the lights are not synchronized, but I know it's not anything that can be done overnight, but because um the work volume and and the number of people that we have traveling, especially Battlefield Boulevard and Green Bar Parkway for the future is in any way we can perhaps look at.

I know in a lot of places the lights are synchronized on very, very busy, and I don't think it there's probably any place that it is busier than Green Bar Parkway and Battle Hill Boulevard.

Um it may be a while coming, but if our traffic, you know, engineers could at least kind of look into that to see what it would entail.

I sure would appreciate it.

I mean, I saw firsthand it really took me almost a half hour just to get down, at least not even a mile on Green Bar Parkway on the way here this afternoon.

I think it perhaps good helps some not sure, but I have you know seen it work in some places, so I'd appreciate that.

Uh Mr.

Whitaker.

Thank you, Mr.

Mayor.

Not very often do I get the opportunity to sing praises to staff members, but this past weekend uh I was contacted by a citizen and uh who had some very concerning issues going on with their property, uh cause and effect from another person's property, disturbance of land, uh which would have flooded uh hundreds of acres of farmland.

And so I sent an email to you, Chris, and to some staff members, and lo and behold, just a few hours later, Jay Tate shows up on the scene.

So I just want to take a moment and thank you, thank your staff and miss and really Mr.

Tate.

I mean, he it uh he was able to weigh in and really mitigate the issue.

Um so I just wanted to take that moment and uh sing his praises.

So thank you, sir.

Thank you, Mr.

Whitaker.

Oh Ms.

Ritter.

Thank you.

I have something that became old business five minutes ago.

So I guess that's old, right?

Um thank you, Ms.

Goodwin, for the nice update.

Uh a week or two ago, I kind of lose track a little bit.

We had the sneak peek at the visitor center down at the historic village, which is still under construction.

I know that y'all are in very close contact and partnership with Mr.

Barber, but I hope with that video, the voices of the Dismal, that you would share that if they have the ability to use that once they are open to the public.

I think that would be you know, some people are only gonna get to one of the two.

And if you would if it's possible to share it, I think that would be a terrific thing to do.

Thank you.

Thank you.

We're gonna move to new business.

Anyone have any new business?

Um Councilman Newens.

Um thank you, Mr.

Mayor.

Uh, real quick, I'd like to first uh congratulate, if I may, um Councilmember Dr.

Pat King, um, who was recognized as the woman of the year for 2025 by the Women's Division Chamber of Commerce.

We had the opportunity to celebrate with her um this weekend, and it was a fantastic event put on by the women's chamber, but it was also fantastic um hearing all the accomplishments of Councilmember King.

So it's an honor to serve with you and to um be your friend.

So congratulations.

Um I also just want um moving to professional note, move on to um site develop site plan development fees.

Um, Mr.

Manager, this is something you and I have talked about that when developments get to the end stages uh and their site plans need review, uh there's a number of different fees that are affiliated with that.

Right now we have two designations residential and non-residential, and what they're both flat fees of 2,000 plus an extra $50 per unit or an extra, I think it's 200 per acre disturbed.

Um what's interesting is um we don't have anything that um is related to anything with a bona fide agricultural purpose, and I think as a council we have been very intentional in trying to promote agritourism, agribusiness, um anything with a bona fide agricultural purpose to preserve that here in Chesapeake.

So I'd like to, without objection, direct staff to um reevaluate the site plan fees and um work up different designations if there are that staff thinks are appropriate based on the different levels that um exist.

I think we're we talked about a lot of unfunded mandates that are going to come down the pike soon potentially with the General Assembly.

It may be advantageous at this time when we're looking at these fees to um separate them by the types of developments versus just residential, non-residential.

But one designation I would like for us to consider and to bring back to council for consideration, uh perhaps in the form of a work session because it's a really dense topic is having a bona fide agricultural purpose um fee that is much more reduced than what the others are, um, if you could and don't mind doing that.

Um I would also I think Councilmember Bunn is probably going to touch on this, but I just would like to congratulate Councilmember Bunn on the work he's done um with our parks, rec and tourism.

And I do not want to steal his thunder, so I will let him uh make the congratulations on that topic.

Thank you, Mayor West.

Thank you, um Amanda for for that too, Councilmember Amanda Newens.

Um this past weekend we had the opportunity to celebrate the abilities of um certain individuals that have a disability by crowning a new Mr.

and Miss Abilities Chesapeake Pageant.

Um Melanie Fields, a graduate from any of her high school was crowned Mrs.

Miss Abilities Chesapeake, and a student at Grassfall High School, Lance Brown was crowned Mr.

Abilities.

And um I would also want to just give a shout out to um Vice Mayor Ritter.

She um has never missed one of our pageants.

I want to thank you for taking the time.

I know everybody's schedule is so busy, and uh everybody's attended in the past.

I appreciate your support on this.

Um parts recreation um is definitely dear to my heart.

I served for the city for 38 years, most of my tenure was with recreation and tourism.

Um we've definitely you know utilized a lot of the volunteers that made this a big success.

I see one of our volunteers in the back audience too.

Charlotte.

And want to thank all the volunteers that made a difference in the program.

And just um again, Vice Mayor, thank you for being there and crowding our winners again this year.

And thank you, Mr.

Mayor.

Thank you, Mr.

Bunn.

You truly are a servant leader.

Any other items, Ms.

Ritter?

I I want to thank Mr.

Bunn and never miss an opportunity to let people know that this Mr.

and Miss Abilities concept and pageant were conceived by Councilmember Bunn.

And if you've never been planned to go next year, it is one of the most joyous afternoons you will ever spend with these wonderful folks who are participating.

Mr.

McNamara, I see you still in the back.

And it needs a 50% 50-50 match.

The total amount the state will bring forward is $50,000, which would encumber $50,000 of the cities.

So if you see capacity somewhere in the budget to do this, my thought was for all the people doing the grow your own you pick places.

And depending on what $100,000 would go a long way to bolstering that.

And it is not only active agriculture, but it's also essentially agritourism, because most people don't get a big strawberry patch in their backyard.

We have other berries.

We have never had luck with that.

And we have asparagus if there are any pickers out there.

But I think it would go a long way to help these folks who really provide a wonderful opportunity for people to come out.

And it was it's another way.

Thank you.

Oh, thank you, Mr.

I I also want to come in.

Uh Councilmember Jeff Bunn.

Um and you had the uh outgoing uh recipient of the Miss and Mr.

Abilities Contest, and this is the first one that I missed in a number of years.

And Jeff, you've done a remarkable job.

We have done pageants.

Well, I haven't done them.

I've attended with you for uh really starting about 25 years ago.

Uh and so we sort of follow those paths.

I think school board and then Jeff replacement school board, but his friendship, I just want to thank you for that too, and always remembering and thinking, and especially with a pageant like this that means so much to so many of our uh young people in this city.

It just gives them a um just step up to really gain that what they need, some of it, courage uh to just stand before crowd and perform.

And I've always enjoyed it.

Um this was a different weekend for me.

Uh and that you asked the mayor, I understand it could be a little thank you note, and I want to thank you, Jeff, too, for always uh doing that, and remembering Herman too, and all of all of his physical illnesses, he appreciates that too.

And mayor standing could be a little thank you for me.

Mayor Rick West, City Council members, city staff, friends, and supporters.

Thank you so very much for the beautiful fluoral arrangements, gifts, cards, text messages, emails, kind congratulatory well wishes, and all the other amazing things you did to honor me for my 80th birthday celebration on Friday, March the 6th.

Your genuine acts of kindness touched my heart, lifted my spirits, and reminded me that I continue to serve a city that really cares.

Thank you once again for all you do and all that you continue to do for our citizens, for our city and for me, Dr.

L.

P.

Ward.

Thank you.

All is permitted by section two point two dash thirty seven eleven A three six.

Second, please prepare to vote, please vote and record.

I will read the certification for the closed meeting.

A motion is certified that to the best of each member's knowledge.

Only public business matters lawfully exempted from open meeting requirements by Virginia Law were discussed.

Grant that we may faithfully perform what we have resolved tonight.

In your name we do pray.

Amen.