Chesapeake Planning Commission Public Hearing – November 8, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Chesapeake Planning Commission Public Hearing – November 8, 2023
The Chesapeake Planning Commission held a public hearing on November 8, 2023, at 7:00 PM in the City Council Chamber, adjourning at 9:41 PM. The commission considered seven applications: one continuance, two consent items, and four regular agenda items. Key decisions included approval of rezonings and use permits, with varied stipulations and one denial of staff recommendation.
Consent Calendar
- Cross General Contractors (PLN-USE-2023-007): A conditional use permit to operate a general contractor office, warehouse, and yard with alternative parking surface on a 2.6-acre parcel at 828 Bedford Street (A-1 District). Approved unanimously (9-0) with six stipulations, including a 4-foot landscape berm, health department approval, fire detection system, Knox Box, and opaque fence screening.
Public Comments & Testimony
- McGhee’s Concrete (PLN-USE-2023-029): James Leftwich (agent) requested a 30-day continuance to hold community meetings. Timothy Ruth and Tonya Moore (neighbors) supported the continuance. Item continued to December 13, 2023 (9-0).
- Elizabeth Harbor Drive (PLN-REZ-2021-026): Grady Palmer (agent) spoke in support, citing realignment of Elizabeth Harbor Drive and quality townhouse design. No public opposition.
- Kaiser Professional Office (PLN-REZ-2023-013): James Leftwich Jr. (agent) argued that sidewalks would not connect to anything and that the use is compatible. No opposition speakers but staff recommended denial.
- Clearfield Regional Office (PLN-REZ-2023-020): Randy Royal, Morgan Whayland (Virginia Natural Gas), Thomas Quattlebaum, Karen McPherson, and Gene Waters (Clearfield Steering Committee) spoke in support. Waters appreciated transparency and requested future traffic improvements at Clearfield Avenue and Butts Station Road.
- Stray Cat Tattoo (PLN-USE-2023-011): Jessica Starling (applicant) expressed confusion about landscaping requirement. No public opposition.
- String Rx (PLN-USE-2023-030): James Leftwich Jr. (agent) and Daniel Schank (applicant) supported the home occupation, emphasizing compliance and appointment-only model. Neighbors Michelle Pummill, Brian Pummill, Donna Harmond, Kathy Tandi, and Mary Durkin opposed, citing traffic, safety, signage, and property value concerns. Supporters Kim LeClaire, Brian Mallee, and Stephanie Casto praised Schank’s service.
Discussion Items
- Elizabeth Harbor Drive (PLN-REZ-2021-026): Staff recommended approval for a conditional rezoning of 4 acres from R-15s to R-MF-1 for 29 townhouse condominiums (7.2 du/ac) with eight proffers including sidewalks, right-of-way dedication, and architectural standards. Discussion focused on road connectivity: Jay Tate (Development and Permits Director) noted that the future realignment of Elizabeth Harbor Drive is not a current priority. Commissioner Gerloff expressed concern about unsafe access via a private road to Gum Road. Approved 9-0 (Stichler/Hackworth).
- Kaiser Professional Office (PLN-REZ-2023-013): Staff recommended denial because the proposal lacked pedestrian connectivity, inconsistent with B-1 district purpose and comprehensive plan goals. The applicant sought to amend proffers for additional professional office uses on 1.3 acres at 401 Waters Road. James Leftwich Jr. argued sidewalks would not connect to anything. A proffer set limits hours (8:00 AM–6:30 PM Mon–Sat), floor area (2,950 sq ft), and buffer yards. Commission discussion noted right-of-way already dedicated. Approved 9-0 (Gerloff/Stichler), overriding staff recommendation.
- Clearfield Regional Office (PLN-REZ-2023-020): Staff recommended approval for a conditional rezoning of 30.3 acres from R-15s and A-1 to M-1 (Light Industrial) for a Virginia Natural Gas regional office with accessory uses. Proffers include a traffic signal at Clearfield Avenue and Discovery Drive, right-in/right-out access, turn lane, signal timing optimization, Resource Row extension, and a $315,000 voluntary contribution. The site will preserve 65% of existing trees. Discussion confirmed no customer traffic, low daily occupancy (fewer than 60 employees), and CNG safety. Commissioner Gerloff raised concerns about the Battlefield/Kempsville Road intersection, but McPherson noted city-funded improvements. Approved 9-0 (Hackworth/Barefield).
- Stray Cat Tattoo (PLN-USE-2023-011): Staff recommended approval with three stipulations. Discussion centered on stipulation #2 requiring a landscape plan for deficient shrubs. Commissioner Gerloff argued it was excessive for a tenant occupying only 4% of the building. Applicant Jessica Starling expressed confusion. Assistant City Attorney Benjamin Titter confirmed the commission could remove the stipulation. Approved 8-1 (Gerloff/Sgueglia; Steiner opposed), with stipulation #2 removed.
- String Rx (PLN-USE-2023-030): Staff recommended approval for a Level II home occupation (sporting goods repair) at 2144 Hickory Forest Drive. A continuance motion (Hackworth/Barefield) failed 2-7. Discussion added stipulation #2 to include "or independent contractor." Hours of operation (11:00 AM–5:00 PM weekdays, 12:00–4:00 PM Saturday) were discussed but not added as a stipulation because Level II code already limits hours (8:00 AM–6:00 PM). Signage compliance confirmed by staff. Approved 7-2 (Sgueglia/Stichler; Gerloff and Hackworth opposed).
Key Outcomes
- Continuance: McGhee’s Concrete (PLN-USE-2023-029) continued to December 13, 2023 (9-0).
- Approvals: Cross General Contractors (9-0), Elizabeth Harbor Drive (9-0), Kaiser Professional Office (9-0), Clearfield Regional Office (9-0), Stray Cat Tattoo (8-1), and String Rx (7-2).
- Stipulation change: Stray Cat Tattoo – stipulation #2 (landscape plan) removed.
- Stipulation amendment: String Rx – stipulation #2 amended to include "or independent contractor."
- Future meeting: The November 22, 2023, Planning Commission Public Hearing was canceled by unanimous consent due to lack of business.
Meeting Transcript
The planning commission pre-meeting for November eighth, twenty twenty-three is now in session. Welcome to our pre-meeting tonight, and thank you for taking part in the business of the city. The first order of business is the agenda overview discussion. We have a total of seven applications. We have a total of seven applications. Today we received a thirty-day continuance request for PLN dash USC dash twenty twenty-three dash zero two nine, the geese concrete. Mr. McKay will update you later in the agenda review portion of this meeting to allow more time for commission discussion. Other than today's request, no other applicants are requesting a continuance or withdrawal. Next, we will re review each of the remaining items and determine placement on either the consent or regular agenda. Next item is item. Next item is item three, Clearfield Regional Office. Good evening, Commissioners. Uh staff has no updates, and we did not receive any citizen comments. However, the applicant did hold a community meeting on the uh 24th of October at Green Briar Christian Academy. They sent out over 700 flyers to the neighboring residents, and they had about 20 people show up. Uh traffic, size and nature of the trucks coming and going to the facility and the safety of the compressed natural gas were the three main talking points at that meeting. Thank you. Uh questions for the staff. Any conflicts? Any objection to placing this on the consent? This will be placed on the regular agenda. Next item is item four. Cross general contractors, Ms. Peebles. Good evening, Commissioners. At this time I have no staff updates and have not received any phone calls or emails, and we'll stand by to answer any questions. Any commissioners have conflicts with this? If not, questions for the staff. Any objections to placing this on the consent agenda? If not, item four will be placed on the consent agenda. Next is item five, straight cat tattoo. Ms. Neal, you hello again. You're already there. Yeah. Here I am. No updates, um, and we have not received any public comment. All right. Uh any conflicts with this application. Any questions for staff? Did everybody enjoy the video? Any objections to placing this on the consent agenda? Regular place. Regular agenda for item five. Next is item six, Mr. McKay. Uh yeah, this is the one the uh applicant has requested 30-day continuance uh in order to give them time to meet with the community. As you know, you received the copies of the petition that was sent in in opposition to the request by the neighborhood across the street. And um so he's gonna address that community, and he's asked for the 30-day continuance to do so.
openpublica.com