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Record of Proceedings

Chesapeake City Council Meeting – October 20, 2026

City Council — Tuesday, October 20, 2026
BodyChesapeake, Virginia
SessionCity Council
DateTuesday, October 20, 2026
StatusFILED
Video Record
0:00 / 2:02:29

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

1:39:24

The Virginia General Assembly.

1:39:26

The proposed text amendment ensures Chesapeake zoning organs complies with state law by meeting the minimum requirements of the Code of Virginia.

1:39:33

Staff therefore recommends approval of the version dated, August 14th, 2026.

Speaker 2

1:39:39

No, sir.

Speaker 3

1:39:42

Motion is in order.

Unassigned speaker

1:39:59

Excuse me.

Speaker 2

1:40:00

Motion to approve PLN text 2026-002, version dated August 14, 2026.

1:40:07

Retroactive to July 1, 2026, as presented, is adopted by an 8 to 1 vote.

Speaker 3

1:40:13

Thank you.

Speaker 2

1:40:14

Item L.

1:40:15

PLN text 2026-003.

1:40:19

Solar and battery energy storage system State Code updates.

1:40:24

An order submending appendix A of the Chesapeake City Code and Title Zoning, Article 13, Section 2702 and 3200 to modify local regulation of solar and battery battery energy storage facilities as a result of recent changes to the Code of Virginia.

1:40:40

Planning Commission recommends approval, version dated August 18, 2026.

1:40:45

Unless otherwise specified, the provisions of the ordinance shall be retroactive to July 1, 2026.

Speaker 3

1:40:52

Mr.

1:40:53

McNamara.

Speaker 1

1:40:54

The proposed text amendment is required to reflect statutory changes made by the Code of Virginia by the 2026 session of the Virginia General Assembly.

1:41:02

Staff therefore recommends approval of Text Amendment version dated August 18, 2026.

Speaker 3

1:41:07

Thank you.

1:41:08

Any speakers on this item?

1:41:09

No,

Speaker 4

1:41:09

sir.

Speaker 3

1:41:10

Thank you.

1:41:11

Motion, please.

1:41:13

Councilman Smith.

Speaker 4

1:41:14

Move to approve.

Speaker 3

1:41:14

Thank you.

1:41:15

Dr.

1:41:15

Ward?

1:41:16

Second.

1:41:17

Discussion.

Speaker 5

1:41:21

I'm going to let Dr.

1:41:21

Ward go ahead.

Speaker 3

1:41:22

She is not.

1:41:23

She is not.

1:41:24

Vice Mayor Ritter is recognized.

Speaker 5

1:41:27

Okay.

1:41:27

It's an unusual circumstance when conscience, as opposed to the requirements of the Dillon's rule, have to take precedence with myself.

1:41:41

This is the second and third time I have done this during my entire tenure on counsel.

1:41:48

The first was what was in my opinion, anti-law enforcement legislation that my conscience would not allow

Unassigned speaker

1:41:56

me

Speaker 5

1:41:57

to approve

Unassigned speaker

1:41:58

of.

Speaker 5

1:41:59

In the last instance and in item L, we have been subjugated by Dillon's rule, where we this is robbing our citizens of their voice.

1:42:14

This is mandating certain development requirements.

1:42:20

It's mandating siting of battery storage, which, as people might remember, is something that neighbors do not choose to

Unassigned speaker

1:42:30

have

Speaker 5

1:42:31

in their neighborhood.

1:42:33

I think that the State does this because they can.

1:42:39

But to take away the voice and the powers of local government for their own reasons really does bother my conscience, because we are directly representative of the people who live here who now have been silenced by a General Assembly that does not subject themselves to these rules.

1:43:23

That's not really my concern.

1:43:27

But it is my concern for the people of Chesapeake who have now been silenced by people in Richmond who likely have never visited this locality.

1:43:39

So I'll just say that.

1:44:05

So it is expressly put out in the Code of Virginia.

1:44:12

So we asked, a number of us asked, for an Attorney General opinion on whether or not that proclamation was fitting under Dillon's rule.

1:44:26

Ms.

1:44:26

Lindley, what was the response from the Attorney General?

Speaker 6

1:44:30

I have not received a response as of today.

Speaker 5

1:44:32

And how long ago did we ask for that?

Discussion Breakdown — Share of Meeting
Land Use and Zoning█████████████████████████████29%
Energy Infrastructure███████████████████19%
Public Safety████████████████16%
Procedural████████████████16%
Legal Affairs█████████████13%
Traffic Management███████7%
Summary of Proceedings

Chesapeake City Council Meeting – October 20, 2026

The Chesapeake City Council met on October 20, 2026, at 6:30 PM in City Hall Council Chamber to conduct a public hearing on 13 planning items, including rezoning requests, conditional use permits, and text amendments to the zoning ordinance. The meeting also included a closed session authorization and new business items. All votes were recorded, with several items passing by divided margins.

Discussion Items

  • Item A (PLN‑REZ‑2025‑013): Reclassification of 13.6 acres from A‑1 to M‑1 (Light Industrial) for a contractor/concrete use at 2728 Battlefield Blvd. S. Councilmember Newins abstained; the item passed 8‑0.
  • Item B (PLN‑REZ‑2025‑023) & Item C (PLN‑USE‑2025‑050): Tidewater Express Inc. – 42 acres reclassified to M‑2 (20 ac) and C‑1 (22 ac) with a conditional use permit for a towing storage yard at 4168 S. Military Hwy. Both passed 9‑0.
  • Item D (PLN‑REZ‑2026‑003) & Item E (PLN‑USE‑2026‑010): Jerry Harris Remodeling – rezoning 0.29 acres to B‑5 and conditional use permit for outdoor storage at 1328 22nd St. & 906 B St. Passed 9‑0.
  • Item F (PLN‑REZ‑2026‑005) & Item G (PLN‑USE‑2026‑009): Battlefield Blvd Tattoo Parlor – rezoning 0.44 acres from B‑1 to B‑2 and conditional use permit for a tattoo parlor at 202 Battlefield Blvd. Passed 5‑4 (Bunn, Ritter, West, Newins voted no).
  • Item H (PLN‑USE‑2025‑049): 1500 Steel Street Container Stacking – conditional use permit for container stacking. The agenda listed a revised stipulation limiting stacks to four (4) high, but the minutes state “four (4) high five (5) high,” which appears to be a transcription error. The final approved stipulation limited containers to four (4) high. Passed 9‑0.
  • Item I (PLN‑USE‑2026‑017): Debaun Self Storage – conditional use permit for a self‑storage facility at 1652 Debaun Ave. Passed 9‑0.
  • Item J (PLN‑USE‑CT‑2026‑003): St. Brides Rd Communication Tower – conditional use permit for a 199‑foot tower at 244 Saint Brides Rd. W. Passed 9‑0.
  • Item K (PLN‑TXT‑2026‑002): State Code Updates – ordinance amending zoning sections for wireless facilities, manufactured housing, parking, and small lot districts. Passed 8‑1 (Ritter voted no).
  • Item L (PLN‑TXT‑2026‑003): Solar and Battery Energy Storage System State Code Updates – ordinance to align local regulations with recent changes to the Code of Virginia. Vice Mayor Ritter spoke passionately against the state mandate, stating it silenced local government and citizens. Councilwoman Newins and Councilman Jefferies expressed similar concerns but felt obligated to follow state law. Councilman Ward noted his disappointment that the state did not tighten regulations as he had hoped. Passed 6‑3 (Bunn, Ritter, Whitaker voted no).
  • Item M (PLN‑COMP‑2026‑003): Comprehensive Plan Amendment for Battery Energy Storage Systems – policy update to be consistent with the Code of Virginia. Discussion echoed Item L, with Vice Mayor Ritter restating his objection to the loss of local control. Councilwoman Newins clarified that a yes vote does not imply support for the state action. Passed 6‑3 (Bunn, Ritter, Whitaker voted no).
  • New Business: Councilwoman Newins requested staff to propose a memorial for police, fire, and sheriff canines who die in the line of duty, referencing canine Cinco killed in a line‑of‑duty incident. Vice Mayor Ritter requested staff review problematic Standard Industrial Classification (SIC) codes and examine industrial‑scale uses in the Fentress Overlay District, citing safety concerns on narrow roads (e.g., Mount Pleasant and Bedford roads). Mayor West announced the successful “World of Works” program for middle school students.

Key Outcomes

  • All public hearing items were approved with the following votes:
    • Items A, B, C, D, E, H, I, J: Unanimous or near‑unanimous approval (8‑0 or 9‑0).
    • Items F & G (Tattoo Parlor): Approved 5‑4.
    • Item K (State Code Updates): Approved 8‑1 (Ritter opposed).
    • Items L & M (Solar/Battery Energy Storage State Code Updates): Approved 6‑3 (Bunn, Ritter, Whitaker opposed).
  • Closed Meeting Authorization: A motion to conduct a closed meeting on October 27, 2026 at 5:15 PM was approved 9‑0.
  • New Business Requests: Staff directed to report on canine memorial, SIC code difficulties, and Fentress Overlay District issues.

Meeting Transcript

The Virginia General Assembly. The proposed text amendment ensures Chesapeake zoning organs complies with state law by meeting the minimum requirements of the Code of Virginia. Staff therefore recommends approval of the version dated, August 14th, 2026. No, sir. Motion is in order. Excuse me. Motion to approve PLN text 2026-002, version dated August 14, 2026. Retroactive to July 1, 2026, as presented, is adopted by an 8 to 1 vote. Thank you. Item L. PLN text 2026-003. Solar and battery energy storage system State Code updates. An order submending appendix A of the Chesapeake City Code and Title Zoning, Article 13, Section 2702 and 3200 to modify local regulation of solar and battery battery energy storage facilities as a result of recent changes to the Code of Virginia. Planning Commission recommends approval, version dated August 18, 2026. Unless otherwise specified, the provisions of the ordinance shall be retroactive to July 1, 2026. Mr. McNamara. The proposed text amendment is required to reflect statutory changes made by the Code of Virginia by the 2026 session of the Virginia General Assembly. Staff therefore recommends approval of Text Amendment version dated August 18, 2026. Thank you. Any speakers on this item? No, sir. Thank you. Motion, please. Councilman Smith. Move to approve. Thank you. Dr. Ward? Second. Discussion. I'm going to let Dr. Ward go ahead. She is not. She is not. Vice Mayor Ritter is recognized. Okay. It's an unusual circumstance when conscience, as opposed to the requirements of the Dillon's rule, have to take precedence with myself. This is the second and third time I have done this during my entire tenure on counsel. The first was what was in my opinion, anti-law enforcement legislation that my conscience would not allow me to approve of. In the last instance and in item L, we have been subjugated by Dillon's rule, where we this is robbing our citizens of their voice. This is mandating certain development requirements. It's mandating siting of battery storage, which, as people might remember, is something that neighbors do not choose to have in their neighborhood. I think that the State does this because they can.

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