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Record of Proceedings

Chesapeake Planning Commission Public Hearing – April 10, 2024

Planning Commission — Wednesday, April 10, 2024
BodyChesapeake, Virginia
SessionPlanning Commission
DateWednesday, April 10, 2024
StatusFILED
Video Record
0:00 / 1:47:15

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1:43

Yeah.

2:40

Good evening, everybody.

2:42

Uh the planning commission pre-meeting for April tenth, twenty twenty-four is now in session.

2:47

Welcome to our pre-meeting tonight.

2:48

Thank you for taking part in the business uh of our city.

2:52

Uh just a quick um sort of housekeeping uh note to start things off, and this is more for fellow commissioners, but it's also for anybody out there that wishes to speak tonight.

3:02

We do have new mics tonight, in case you haven't noticed.

3:15

So if you'd like to comment during the meeting, you're gonna have to get my attention or wave your hand or something.

3:21

So I won't be able to see the little green light on your microphone.

3:25

So just be aware of that.

3:27

Um if I'm not recognizing you to speak, it's probably just because I haven't seen you uh wave your hand or whatever.

3:36

So the first order of business tonight is the agenda overview discussion.

3:40

Uh we have uh six total applications, uh, two of which we learned this afternoon are being recommended for continuance.

3:47

That's would be items one and two, the Dominion and Scenic Mixed Use projects.

3:53

Um so Mr.

3:54

Bosterwick, would you please provide us with an overview of the applications?

4:00

Yes.

4:22

Okay, without any objection, we'll place these items on the continuance uh withdrawal portion of the agenda.

4:28

So now we will review the remaining items and we'll decide if we want to place them on the consent.

4:32

Or the regular agenda.

4:34

So the first item is item number three, fence heights text amendment, Mr.

4:39

Hobbs.

4:50

Uh commissioners, any conflicts?

4:54

Any questions for Mr.

4:55

Hobbs or staff?

5:00

Any discussion?

5:00

Any objection to placing on the consent agenda?

5:04

All right.

5:04

Seeing none, item three will be placed on the consent agenda.

5:08

Next items item number four, agricultural and conservation text amendments.

5:12

Mr.

5:12

Blair Miller, any updates?

5:15

Anything, Commissioner?

5:20

There are no updates pertaining to the request beyond the previously provided to you.

5:25

I'm happy to answer happy to answer any questions that you may have.

5:30

However, um please know that the planning director is going to give a brief presentation in just a few minutes.

5:35

Sorry about the mic.

5:36

I I can't even see the green light.

5:38

Yeah.

5:39

It's going to be tricky.

5:41

No problem.

5:41

Thank you.

5:43

Commissioners, as you just heard, Mr.

5:44

McNamara is going to be giving us a presentation on this application, which mer may you know spur some additional questions, but any conflicts or questions for staff regarding this application?

5:57

Any discussion?

6:00

Any objection to placing this item on the consent agenda?

6:05

I would just ask that it be placed on the regular if we're gonna have a presentation.

6:08

No problems.

6:10

I agree.

6:11

So item four will be placed on the regular agenda.

6:14

Next item is item number five, R and J Motel.

6:18

Mr.

6:18

McKay, any updates.

6:23

Good evening, Commissioners.

6:25

Uh yeah, there are no updates and we've had no public comment.

6:30

Thank you very much.

6:31

Um commissioners, any conflicts with this application?

6:36

Questions for staff?

6:38

Any discussion?

6:40

Any objection to placing on the consent agenda?

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████37%
Land Use and Zoning███████████████████████████████31%
Agricultural Conservation█████████████████████████████29%
Public Engagement███3%
Summary of Proceedings

Chesapeake Planning Commission Public Hearing – April 10, 2024

The Chesapeake Planning Commission held a public hearing on April 10, 2024, at 7:00 PM in the City Council Chamber. The meeting addressed six applications, including two continuances, three consent agenda items, and one regular public hearing item on agricultural and conservation text amendments. The meeting also included a pre-meeting at 6:00 PM with a presentation on the text amendment.

Consent Calendar

  • Item 3 (PLN-TXT-2023-012): Fence setback and height requirements for secondary front yards on residential corner and through lots – approved unanimously (7‑0).
  • Item 5 (PLN-REZ-2023-023): Proffer modification for the R&J Motel at 1660 Debaun Avenue – approved with proffers as listed (7‑0).
  • Item 6 (PLN-2232-2024-001): Comprehensive Plan consistency review for three Capital Improvement Plan projects (Schooner Trail Park, Centerville Turnpike and Elbow Road Intersection Improvements, Land of Promise Road Widening) – approved unanimously (7‑0).

Public Comments & Testimony

  • On Continuance Items (Dominion and Scenic Mixed Use and Height Exception):
    • Jeff Staples (opposition) noted this was the second continuance and urged the commission to be respected by applicants.
    • Linda Tyndall (opposition) expressed concerns about flooding damage to Grassfield High School and neighboring properties, requesting the project not be continued.
  • On Consent Item 5 (R&J Motel):
    • Vic Nichols (opposition) asked for higher proffers.
    • Michael G. Sweeney (applicant’s attorney) spoke in support, describing the proffer modification as a team effort with staff and asking for approval.
  • On Regular Hearing Item 4 (Agricultural and Conservation Text Amendment):
    • Byron Stone Cypher (opposition) expressed disappointment that few changes were made after listening sessions. He raised concerns about perpetual easements without compensation, the impact on OSAP scores, and the inability to split off occasional lots without using the minor subdivision. He suggested a voluntary OSAP program with more flexible terms.
    • Jenny McPherson (opposition) stated the proposed preservation division restricts land without just compensation and may negatively affect future OSAP applications. She noted that the Agricultural Advisory Commission and Farm Bureau had concerns that were not fully addressed.
    • Jeff Staples (opposition) reiterated that little had changed since the February meeting and supported the previous speakers.

Discussion Items

  • Agricultural and Conservation Text Amendment (Item 4):
    • Staff presented a detailed overview of the current subdivision tools, the agricultural loophole (where agricultural divisions followed by minor subdivisions can create many lots), and the proposed preservation division. Two versions were presented: Version A (staff recommendation) creates a perpetual easement on the preservation lot; Version B includes a 25‑year sunset clause for the easement.
    • Staff explained that the 25‑year sunset would defer the same issues to the future, inconsistent with the guiding principles of assessing impacts and protecting quality of life. The minor subdivision and cluster division were outside the scope of the initiating resolution from City Council.
    • Commissioners discussed the possibility of a five‑year easement (as recommended by the Agricultural Advisory Commission) and the need for a meeting with stakeholders. Commissioner Sgueglia moved for an indefinite continuance, later amended to a 90‑day continuance, to allow a subcommittee to meet with stakeholders and obtain adjacent city policies.
    • After debate, the motion to continue for 90 days passed 4‑3 (Sgueglia, Barefield, Forbes, Gerloff in favor; Gilbert, Hackworth, Crews opposed).

Key Outcomes

  • Items 1 & 2 (Dominion and Scenic Mixed Use and Height Exception): Continued to the June 12, 2024, Planning Commission Public Hearing (7‑0 vote).
  • Consent Agenda (Items 3, 5, 6): Approved as read into the record (7‑0 vote).
  • Regular Hearing Item 4 (Agricultural and Conservation Text Amendment): Continued for 90 days to allow a subcommittee (comprising Commissioners Sgueglia and Steiner, with Commissioner Cruz replacing Steiner) to meet with stakeholders and review adjacent city policies. Motion passed 4‑3.
  • Bylaws: Endorsed as existing by unanimous consent during the pre‑meeting.
  • Next Meeting: The April 24, 2024, Public Hearing was cancelled by unanimous consent.

Meeting Transcript

Yeah. Good evening, everybody. Uh the planning commission pre-meeting for April tenth, twenty twenty-four is now in session. Welcome to our pre-meeting tonight. Thank you for taking part in the business uh of our city. Uh just a quick um sort of housekeeping uh note to start things off, and this is more for fellow commissioners, but it's also for anybody out there that wishes to speak tonight. We do have new mics tonight, in case you haven't noticed. So if you'd like to comment during the meeting, you're gonna have to get my attention or wave your hand or something. So I won't be able to see the little green light on your microphone. So just be aware of that. Um if I'm not recognizing you to speak, it's probably just because I haven't seen you uh wave your hand or whatever. So the first order of business tonight is the agenda overview discussion. Uh we have uh six total applications, uh, two of which we learned this afternoon are being recommended for continuance. That's would be items one and two, the Dominion and Scenic Mixed Use projects. Um so Mr. Bosterwick, would you please provide us with an overview of the applications? Yes. Okay, without any objection, we'll place these items on the continuance uh withdrawal portion of the agenda. So now we will review the remaining items and we'll decide if we want to place them on the consent. Or the regular agenda. So the first item is item number three, fence heights text amendment, Mr. Hobbs. Uh commissioners, any conflicts? Any questions for Mr. Hobbs or staff? Any discussion? Any objection to placing on the consent agenda? All right. Seeing none, item three will be placed on the consent agenda. Next items item number four, agricultural and conservation text amendments. Mr. Blair Miller, any updates? Anything, Commissioner? There are no updates pertaining to the request beyond the previously provided to you. I'm happy to answer happy to answer any questions that you may have. However, um please know that the planning director is going to give a brief presentation in just a few minutes. Sorry about the mic. I I can't even see the green light. Yeah. It's going to be tricky. No problem. Thank you. Commissioners, as you just heard, Mr. McNamara is going to be giving us a presentation on this application, which mer may you know spur some additional questions, but any conflicts or questions for staff regarding this application? Any discussion? Any objection to placing this item on the consent agenda? I would just ask that it be placed on the regular if we're gonna have a presentation. No problems. I agree. So item four will be placed on the regular agenda.

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