Chesapeake Planning Commission Public Hearing - July 12, 2023
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Chesapeake Planning Commission Public Hearing - July 12, 2023
The Chesapeake Planning Commission met on July 12, 2023, at 7:00 PM in the City Council Chamber to consider seven agenda items, including one continuance, two consent items, and four regular public hearing items. The meeting was adjourned at 8:43 PM. Commissioners Clinton Crews and Robert Mohrhusen were excused.
Consent Calendar
- PLN-REZ-2022-021 (1337 Commerce Avenue): Approved unanimously (7-0) for a conditional zoning reclassification of 0.2 acres from B-2 to R-8 for a single-family dwelling, with proffers including sidewalk construction and historical paint colors.
- PLN-TXT-2023-007 (Public Hearing Notice Requirements): Approved unanimously (7-0) to conform zoning ordinance notice requirements to state statutory changes enacted by the 2023 General Assembly.
Public Comments & Testimony
- Springton at Grassfield (Continuance): Three residents (Linda Tindell, Vic Nicholls, Jeff Staples) opposed the indefinite continuance, questioning how many times an application can be continued. They expressed frustration over delays and requested a limit.
- Lake Shore Terrace:
- Proponent: Sam Baraki (agent) explained the design changes (30-foot buffer, reduced to 26 lots, conservation easement) to address neighbor concerns. Kenneth Jenkins (subcontractor) spoke in support, citing job creation.
- Opponent: Michael Huber (neighbor) opposed due to school capacity (predicting 1,539 new students from 328 approved units) and road safety concerns (narrow, uncurbed roads lacking analysis for Charlton Drive, Askew Road, Ellen Lane). He cited a survey of 400 respondents opposing the development.
- Shipyard Road:
- Proponents: Christine Early (Exeter Development) argued the PUD's commercial boat storage is incompatible and that four affordable single-family homes better fit the neighborhood. Grady Palmer supported deviation from the land use plan.
- Opponent: Vic Nicholls supported staff's denial recommendation, urging preservation of green space.
- The Wishing Well Childcare: Thara Jefferson (applicant) stated she operates a home daycare with 32 years of experience, has neighbor support, and plans to serve 12 children with adequate parking and staggered drop-off.
- Tobacco, Smoke, and Vape Shops Text Amendment: No public speakers; commissioners questioned staff about the 1,000-foot buffer rationale, definitions, and impacts on existing businesses.
Discussion Items
- PLN-PUDC-2023-001 (Springton at Grassfield): Staff recommended indefinite continuance per applicant request. Commissioner Gerloff moved to continue; motion carried 7-0.
- PLN-REZ-2022-023 (Lake Shore Terrace): Staff presented findings of compatibility with surrounding residential uses. Commissioner Gerloff moved approval with proffers; motion carried 7-0. Discussion included traffic improvements (intersection reconstruction, David's Mill connection) and school capacity calculations.
- PLN-REZ-2023-002 (Shipyard Road): Staff recommended denial due to inconsistency with Suburban Mixed Use land use designation and lack of design quality. Commissioner Gerloff moved denial; motion carried 6-1 (Commissioner Gilbert opposed). Discussion centered on viability of commercial use and market studies for marina.
- PLN-USE-2023-015 (The Wishing Well Childcare): Staff recommended approval with stipulations. Commissioner Gerloff moved approval with an added stipulation for a code-compliant pool alarm system; motion carried 7-0. Questions addressed pool safety and parking.
- PLN-TXT-2023-006 (Tobacco, Smoke, and Vape Shops): Staff presented a text amendment to reclassify vape shops as conditional uses, require a 1,000-foot buffer from schools, parks, daycare centers, and other vape shops, and mandate transparent doors. Commissioner Turner moved approval; motion carried 4-3 (Commissioners Gerloff, Sgueglia, Steiner opposed). Debate involved the 1,000-foot benchmark (taken from drug-free zone laws), enforcement challenges, and consistency with regulations for alcohol/tobacco sales.
Key Outcomes
- Continued Indefinitely: PLN-PUDC-2023-001 (Springton at Grassfield) – 7-0 vote.
- Approved: PLN-REZ-2022-021 (1337 Commerce Avenue) – 7-0 with proffers; PLN-TXT-2023-007 (Notice Requirements) – 7-0.
- Approved with Proffers: PLN-REZ-2022-023 (Lake Shore Terrace) – 7-0, limiting development to 26 single-family detached units with design standards, a dog park, trails, and conservation easements.
- Denied: PLN-REZ-2023-002 (Shipyard Road) – 6-1, as inconsistent with the Comprehensive Plan.
- Approved with Stipulations: PLN-USE-2023-015 (The Wishing Well Childcare) – 7-0, including a pool alarm requirement.
- Approved (Text Amendment): PLN-TXT-2023-006 (Tobacco, Smoke, and Vape Shops) – 4-3, with new definitions, conditional use requirement, and 1,000-foot buffers.
- Meeting Cancellation: The July 26, 2023, Public Hearing meeting was cancelled by unanimous consent.
Meeting Transcript
Good evening. The planning commission pre-meeting for July twelfth, twenty twenty-three is now in session. Welcome to our pre-meeting tonight, and thank you for taking part in the business of our city. The first order of business is the agenda overview discussion. Tonight we have a total of seven applications, of which one application is for continuance or withdrawal. Mr. Boswick, can you please provide the commission with an overview of the continuance request? Yes, good evening, Mr. Chairman and Commissioners. Thank you. Do any commissioners have any comments or questions regarding this item? Without any objection, this item will be placed on the continuance or withdrawal portion of the agenda. Next, we will review the remaining items and determine placement on either the consent or regular agenda. Um comments at all. So the main changes were the uh southern landscape buffer that kind of goes from the eastern terminus to the uh extension of that Derek's drive was originally a 10 foot buffer and is now being called out as a 30 foot buffer. And then the other change that was made was it was originally 30 lots, and that um extension of Derrick's drive was was stubbed to the northern property line. Uh four of those lots were removed, so it's now 26 lots, and the uh bulb there is is further down away from the the property line to the north there. Okay. Thank you. Any other questions for staff? Any further discussion? Hearing none, is there any objection to placing this item on the consent agenda? I I would like to hear this in regular session. I think with I think we're gonna have plenty of comments. With the comments, I think that's appropriate. So item three will be placed on the regular agenda. Next item is item four, shipyard road. Ms. Neal. Good evening, commissioners. I have no updates, we received no public comment, and I will stand by for your questions. Any commissioners have conflicts? Questions for staff? I think I do. You have a question. I I had a question about why this is presented as a rezoning instead of a PUD modification. It's um a rezoning application because they're changing you know from a PUD to a um a commercial or a residential use. Um it's not a PUD modification because it is a change in use. Okay, thank you. Any other questions for staff? This is recommended for denial, so this item will be placed on the regular agenda, item four on the regular agenda. Next, we have item number five, which is the wishing well child care. Ms. Peebles, do you have an update for us? Good evening, commissioners. At this time, I have no updates, but we'll stand by for questions. All right. Any commissioners have conflict with this application? Questions for staff. I do have a question for staff, but I'll reserve it for the uh regular meeting.
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