Chesapeake Planning Commission Public Hearing - May 10, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Chesapeake Planning Commission Public Hearing - May 10, 2023
On May 10, 2023, the Chesapeake Planning Commission held a public hearing at 7:00 PM in the City Council Chamber, adjourning at 8:24 PM. The Commission voted on five agenda items: two consent items (a tattoo parlor conditional use permit and a text amendment for cosmetic tattooing) and three regular items (two utility-scale solar energy facilities and a home-based daycare). All items were approved, with the solar projects passing 7–2 and the daycare passing 9–0.
Consent Calendar
- PLN-USE-2023-002 (Low Key Designs): Approved 9–0 to allow a tattoo parlor at 1835 Lockard Avenue, Unit C, with two stipulations regarding signage and interior property line vacation.
- PLN-TXT-2023-003 (Cosmetic Tattooing): Approved 9–0 to amend the Zoning Ordinance to permit microblading and reconstructive tattooing as an accessory use to beauty shops in specific districts.
Public Comments & Testimony
- Pocaty River Solar (PLN-USE-2022-007): Vic Nicholls (opponent) expressed concerns about panel degradation, donation amount, power transportation, and panel recycling. Allen Lester (opponent) raised property value decreases (1.8%–5.8% within one mile) and groundwater contamination fears. Andrew Hull (applicant, Apex Clean Energy) testified that panels are safe, non-toxic, and will be decommissioned and recycled; he provided a handout on community solar benefits. Gidwood Sutton Jr. (owner) stood for questions.
- Land of Promise Solar (PLN-USE-2022-008): Darien Lowe, Jeff Lowe, Edgar Lane, and Glenn Weatherly (nearby residents and owner) spoke in support; Vic Nicholls reiterated the same concerns as for Pocaty River Solar. Allen Lester was not present when called.
- Generations Daycare (PLN-USE-2023-005): Ashley Boykin (applicant) requested consideration to increase the child limit from 8 to 10–12 children. Four neighbors (Diane Fussner, Darren Fussner, Helen Wheeler) spoke in support, noting no noise or traffic issues.
Discussion Items
- Pocaty River Solar & Land of Promise Solar: Staff recommended approval under the City’s revised Solar Energy Policy. Commissioner Turner asked about decommissioning plans, landscape maintenance enforcement, and panel approval. Chairman Steiner questioned post-construction environmental oversight. Vice Chair Gerloff inquired about glare, number of approved/constructed solar farms (7 approved, 2–3 constructed), and differences between solar policy versions (additions included haul routes, road mitigation, ground cover maintenance). Staff clarified that decommissioning bonds are required prior to certificate of occupancy. The applicant noted compliance with Navy EMI assessments and registration in the Shared Solar Program.
- Generations Daycare: Staff recommended approval with a limit of 8 children, citing tight driveway and limited parking. The applicant argued that 8 children would not be financially viable and requested 12. Commissioner Turner asked if changing the number would alter the home occupation level; staff confirmed Level II allows up to 12 children. Vice Chair Gerloff asked staff’s objection to 12; Planning Director McNamara stated parking and traffic concerns favored a lower number. Commissioner Mohrhusen clarified the point system and that the applicant’s own children count in points but not toward the maximum. The applicant stated she would likely only have 9–10 children due to points. Chairman Steiner noted a trampoline on site, which is not permitted by VDOE regulations for the play area. Parking analysis showed the driveway is 17 feet wide, insufficient for two vehicles. Commissioner Sgueglia moved to approve as recommended (8 children), and the motion passed 9–0.
Key Outcomes
- Pocaty River Solar (PLN-USE-2022-007): Approved with 19 stipulations (7–2; Commissioners Turner and Gilbert opposed). The project will provide up to 2 MW on 26.5 acres with an annual $2,400 contribution to the OSAP program.
- Land of Promise Solar (PLN-USE-2022-008): Approved with 19 stipulations (7–2; same opposed). The project will provide up to 5 MW on 38 acres with an annual $5,900 OSAP contribution.
- Generations Daycare (PLN-USE-2023-005): Approved with 6 stipulations including a limit of 8 children, hours 7:15 AM–5:30 PM Monday–Friday, and a right-of-entry for water testing (9–0).
- Cancellation: The May 24, 2023, public hearing meeting was canceled by unanimous consent due to lack of business.
Meeting Transcript
The premeting of the Chesapeake Planning Commission for May 10th, 2023 is now in session. We will begin tonight. That was the call to order. We will begin tonight with the agenda review discussion. First, we'll begin. There are no continuance or withdrawal items. So if we could start with the public hearing items, uh Ms. Neal, could you give us an overview of the first two items? Good evening, Commissioners. For these applications, I have no updates. We did receive a couple of public comments on each of them back in July of 2022. This was prior to the applications being scheduled for public hearing. After the applications were scheduled for public hearing, we received two comments for Pokedee River Solar, one was in favor and one was in opposition, and only one comment for land or promise solar. That one was in favor. All right, thank you. Do any commissioners have any questions at this time? If not, then thank you. Next uh is uh a use permit, Mr. Bostwick. Uh we need to oh I'm sorry. Oh uh I'm just I I I'm missing my script. That's what it is. I don't have my script out. I'm going off of just the agenda. I apologize. It'll help. I'm doing things from memory. That's that's uh uh so do any commissioners have any conflicts with either of these applications on the solar farms? Uh if not, do any uh commissioners have any question additional questions? I guess not, right? No discussion. Uh any any issues with placing this onto the um consent agenda. I actually I actually would prefer to have it on the regular agenda due due to the um you know the the the size of these uh these projects, I think they're worthy of some discussion. So uh let's place items one and two on the regular agenda. Next, I'm sorry, is low-key designs. This isn't very helpful when you actually use the script. Mr. Boswick Good evening, Commissioners. We've received no public comment, and I am happy to answer any questions. Thank you. Any commissioners have questions for Mr. Bostwick? Any conflicts with this application? Uh hearing none, are there any objections to placing this on the consent agenda? Then item three will be on the consent agenda. Next item is item four, Ms. Peebles. Good evening, Commissioners. Um, as noted in the staff report, there were two calls of opposition slash concern for the use permit, citing neighborhood compatibility issues and concerns about traffic flow. Since then, there have been three Planning Commission comment cards that have been submitted in support for the application.
openpublica.com