Chesapeake Planning Commission Public Hearing – February 15, 2024

The Chesapeake Planning Commission met on February 15, 2024, at 7:00 p.m. in the City Council Chambers and adjourned at 8:30 p.m. The Commission considered eight applications, including one continuance, five consent items, and two regular agenda items. All votes were 8–0 with Vice Chair Clinton Crews excused.

Consent Calendar

• PLN-USE-2023-029 (McGhee’s Concrete): Continued to the March 13, 2024 hearing at the applicant’s request. (8–0)
• PLN-REZ-2023-014 (Copart Auto Sales): Approved a conditional rezoning of ~30 acres from B-3 to M-1 (22.9 acres) and C-1 (7.1 acres) with six proffers, including a 60-day vehicle storage limit, a conservation easement on 7.1 acres, median break closure, right-of-way dedication, use limitation to wholesale automobile sales, and conformance with the concept plan. (8–0)
• PLN-USE-2022-030 (Copart Auto Sales): Approved a conditional use permit for a wholesale used motor vehicle dealership and an 8-foot fence height exception with five stipulations, including a 60-day vehicle storage limit, stormwater and oil-water separator requirements, an opaque metal fence, and a security gate with Knox box. (8–0)
• PLN-USE-2023-032 (EVGO Target): Approved a conditional use permit to install four electric vehicle charging dispensers at the Target in Edinburgh with two stipulations regarding conformance with the preliminary site plan and final landscaping approval. (8–0)
• PLN-USE-2023-035 (Cherish Pet Crematory): Approved a conditional use permit for a pet crematory on a 0.3-acre portion of a 2.3-acre parcel, plus an alternative parking surface, with three stipulations on backflow prevention, an air quality permit from DEQ, and a building permit for furnaces. (8–0)
• PLN-USE-2023-038 (Defining Wine): Approved a conditional use permit for a Level II Home Occupation for internet wine sales with two stipulations: no customers at the residence and a maximum of 200 bottles stored. (8–0)

Public Comments & Testimony

Consent Items (2–6):

• John McCormick (agent for Copart) spoke in favor of items 2 and 3, stating the property has been vacant for over a decade and the proposal will improve traffic and drainage.
• Diane Koon (neighbor, 3838 S. Military Highway) opposed items 2 and 3, expressing concerns about leaking fluids contaminating well water, worsened drainage, noise, and light pollution.
• Vic Nicholls (citizen) spoke in favor of item 4 (EVGO Target) and hoped for additional charging sites in Greenbrier and Western Branch; also supported item 5 (Cherish Pet Crematory) and item 6 (Defining Wine).
• Wyatt Weeks, Tom Jones, and Felix Peguero (agents/contractors) made themselves available for questions on item 4.
• Jerry Jones (applicant) and Eric Wynn (applicant) stood by for questions on items 5 and 6 respectively.

Regular Agenda Item 7 (Industrial Waterfront Study):

• Vic Nicholls supported the study, noting it will be positive for Chesapeake, especially South Norfolk.
• Marquilla Moore (657 Fernwood Farms Road, Chesapeake) opposed, stating the study expanded beyond the original industrial area and lacked recommendations for flooding. She requested that the Army Corps of Engineers conduct a flooding study and expressed concern that FEMA acquisitions turn revenue-producing assets into liabilities.
• Gail Wilson (424 Mapleshore Road, Chesapeake) also spoke in opposition.

Regular Agenda Item 8 (Agricultural/Conservation Text Amendment): All six speakers opposed the amendment:

• Eugene White (third-generation farmer) argued the amendment restricts future agricultural subdivisions and reduces land value, limiting options for farmers facing financial hardship.
• Jenny McPherson (3296 Ballahack Road) questioned the preservation easement requirement without compensation and asked about interactions with existing preservation programs.
• Byron Stonecypher (Chesapeake Farm Bureau President) opposed “forever easements” and proposed that minor subdivisions should not trigger an easement until all five lots are used.
• John Cabral (3954 Cornland Road) suggested extending the one-year waiting period instead of imposing easements and asked about grandfathering existing applications.
• Jeff Staples (1453 Boxwood Drive) argued the amendment still allows by-right development and conservation clusters, which he opposed; he called for three-acre minimum lots and no cluster subdivisions.
• Linda Tindall (1045 West Road) stated the amendment did not match what was discussed at listening sessions and asserted it would not stop overdevelopment; she expressed distrust of the process.

Discussion Items

Item 7 – Industrial Waterfront Study (PLN-COMP-2023-001): Staff presented a story map highlighting the study’s goals, community outreach (seven civic league meetings, two large community meetings, surveys), and recommendations for resilience, land use, and connectivity. Commissioners praised the study. Commissioner Steiner asked about FEMA and Army Corps involvement; Planning Director McNamara explained the study provides a framework and does not preclude Corps studies. Commissioner Hackworth asked about continued stakeholder outreach; McNamara confirmed it will continue. The Commission voted unanimously to approve the study as an amendment to the 2035 Comprehensive Plan.

Item 8 – Agricultural/Conservation Text Amendment (PLN-TXT-2023-013): Staff explained the history, the “loophole” allowing incremental agricultural subdivisions leading to major subdivisions by right, and proposed a new “preservation division” with a 10-acre minimum lot size and a permanent easement to ensure agricultural or conservation use. Commissioners discussed concerns raised by speakers. Commissioner Hackworth asked about extending the one-year waiting period; Assistant City Attorney Titter noted that would conflate subdivision and zoning ordinances. Commissioner Steiner suggested more community engagement. Commissioner Stickler questioned the feasibility of time-limited easements. Commissioner Sgueglia expressed discomfort with “forever easements” and noted that no speakers supported the amendment. She moved to continue the item indefinitely, with direction to staff to gather adjacent localities’ policies, research zoning-based alternatives, and schedule a stakeholder meeting including Farm Bureau and other representatives. The motion was seconded by Commissioner Barefield and passed 8–0.

Key Outcomes

• Continued to March 13, 2024: PLN-USE-2023-029 (McGhee’s Concrete).
• Approved Consent Calendar (8–0): Rezoning and use permit for Copart Auto Sales (items 2 & 3), EVGO Target (item 4), Cherish Pet Crematory (item 5), and Defining Wine (item 6).
• Approved (8–0): PLN-COMP-2023-001 (Industrial Waterfront Study) as an amendment to the Comprehensive Plan.
• Continued Indefinitely (8–0): PLN-TXT-2023-013 (Agricultural/Conservation Text Amendment) for further study and stakeholder engagement. The Commission directed staff to collect policies from neighboring cities, explore zoning-based implementation options, and hold a stakeholder meeting with Farm Bureau and other rural stakeholders. Commissioners Steiner and Sgueglia were appointed to participate.
• Cancelled: The February 28, 2024, Planning Commission Public Hearing due to no business.

Note: The official meeting date per all agenda, minutes, and transcript is February 14, 2024; however, the summary reflects the date provided in the instruction.