Chesapeake Planning Commission Public Hearing – October 11, 2023

The Chesapeake Planning Commission held a public hearing on October 11, 2023, at 7:00 PM in the City Council Chamber, adjourning at 8:34 PM. The commission considered eight applications, including three consent items, three regular agenda items involving rezoning and conditional use permits, and a revocation of a conditional use permit. All votes were unanimous (9-0).

Consent Calendar

• Gray Farm (PLN-REZ-2022-011): A conditional rezoning of 17.2 acres from A-1 (Agricultural) and R-15s (Residential) to R-10s (Residential) for up to 32 single-family detached homes. Approved with seven proffers including architectural standards, a minimum 1,800 sq. ft. heated living space, and a 6-foot covered front porch. (9-0; Forbes/Crews)
• Starbucks Deep Creek (PLN-SPEX-2023-002): A special exception for a cooperative parking agreement at 2726 Moses Grandy Trail. Approved with a stipulation requiring the agreement to be recorded before a certificate of occupancy. (9-0; Forbes/Crews)
• Billboards Text Amendment (PLN-TXT-2023-002): An ordinance amending Zoning Article 14, Section 14-706 to permit certain billboards on sites with buildings via a conditional use permit. Approved version dated September 1, 2023. (9-0; Forbes/Crews)

Public Comments & Testimony

• Gray Farm: Colin Johnson, a resident and co-owner, expressed support for the project.
• Arbors at Battlefield (PLN-REZ-2023-008 & PLN-USE-2023-012):
  • Grady Palmer (applicant) stated the site is ideal for a campus-style senior housing community due to proximity to retail, restaurants, and Chesapeake Regional Hospital. He noted the urgent need for affordable senior housing, citing a proffer setting aside 20% of units for households at 80% of area median income.
  • Brian Staub (Marlyn Development) reported that their similar 163-unit senior community, The Arbors at Western Branch, was 100% leased within six months of opening. He stated that across their portfolio of 1,300 senior units, occupancy is over 99%. He highlighted that Chesapeake’s senior population increased by 12,000 people over the last decade, rising from 10% to 14% of the total population.
  • David Abraham (Best Care Senior Living) noted that for the first time, there are more people over 65 than children under 5. He stated that a new assisted living project in Virginia Beach has 95% of its units pre-leased with deposits a year before opening.
• Dignity Funeral Services (PLN-REZ-2023-011 & PLN-USE-2023-022):
  • Kimberly Shephard (agency) explained that the applicant seeks to reunite two parcels previously split, returning the rear residence to commercial use (office or family gathering space) and vacating the interior property line. She confirmed no deceased bodies would be stored in the rear building.
• Revocation of UP-00-42 (PLN-USE-2023-033):
  • Bryan Plumlee (attorney for Recycled Properties) argued that the hearing was improperly advertised, that the Zoning Administrator lacked authority to make a willful noncompliance determination, and that a pending appeal to the Board of Zoning Appeals should stay the proceedings. He claimed the City Council’s initiating resolution had preemptively made findings.
  • Christina Lufrano (Dominion Lakes HOA president) stated the community has submitted videos, photos, and emails documenting ongoing violations, including trucks unloading after 9 PM, debris on roads, and asphalt strewn on the neighborhood entrance and on-ramp to US 17. She reported that the operation has created a safety hazard and environmental concerns.
  • Daren Mainer (resident) agreed with the city’s findings of willful noncompliance.
  • Douglas Bass (resident) described a continuous stench and noted that compressed asphalt has formed a speed bump on the on-ramp to US 17. He stated the business is unsuitable for a location so close to a residential neighborhood.
  • Leanne Dahl (resident) said she can no longer open her windows due to air quality concerns, which affect her asthma and her children’s allergies. She noted road debris causes windshield damage and that property values have declined.

Discussion Items

• Arbors at Battlefield (Rezoning & CUP): Staff recommended continuance due to the ongoing Greenbrier Area Plan study (midway, completion expected spring/summer 2024). Planning Director McNamara noted that the maximum continuance (90 days) would not provide sufficient information to confirm the land use. The commission discussed the urgent need for senior housing and the compatibility of the proposed use with the existing office park. Commissioner Gerloff moved to approve, citing alignment with the comprehensive plan’s quality of life and affordable housing goals, the true need for the use, and the site’s appropriateness. The motion passed 9-0 despite staff’s continuance recommendation.
• Dignity Funeral Services (Rezoning & CUP): Staff recommended approval. Commissioner Sgueglia added a stipulation (#5) that no housing, care, or sheltering of human remains be allowed in the auxiliary buildings in the rear (including the home and garage). The applicant agreed. The motion passed 9-0.
• Revocation of UP-00-42: The commission suspended standard speaker rules to allow extended presentations (10 minutes each for permit holder and city). City Attorney Ellen Bergren argued that revocation is a legislative power, not a judicial one, and that the city’s code and Virginia Code authorize council to revoke for willful and recurring noncompliance. Zoning Administrator John King detailed four notices of violation since 2019: processing of shingles, concrete, asphalt, and other materials beyond the permitted natural wood debris. Two violations from 2019 were not appealed; a third (2020) was appealed late; a fourth (2022) was upheld by the BZA. The commission voted 9-0 to recommend revocation, finding a pattern of noncompliance.

Key Outcomes

• Consent Items: All three consent items (Gray Farm, Starbucks Deep Creek, Billboards text amendment) were approved unanimously.
• Arbors at Battlefield (PLN-REZ-2023-008 & PLN-USE-2023-012): Approved with proffers/stipulations as listed in the agenda. The rezoning limits development to 183 group housing units for the elderly and 100 assisted living/memory care units, with a 20% affordable set-aside at 80% AMI. The CUP allows building heights up to 60 feet. (9-0; Gerloff/Sgueglia)
• Dignity Funeral Services (PLN-REZ-2023-011 & PLN-USE-2023-022): Approved with one proffer (sidewalk installation within 18 months) and five stipulations, including the added stipulation #5 prohibiting storage of human remains in auxiliary buildings. (9-0; Sgueglia/Hackworth)
• Revocation of UP-00-42 (PLN-USE-2023-033): The commission recommended that City Council revoke the conditional use permit for the wood debris mulching facility due to willful and continuous or recurring noncompliance. (9-0; Gerloff/Sgueglia)
• Business Items: The October 25, 2023 public hearing meeting was canceled by unanimous consent due to lack of business.