Chesapeake Planning Commission Public Hearing - May 8, 2024

The Chesapeake Planning Commission held a public hearing on May 8, 2024, at 7:00 p.m. in the City Council Chamber. The meeting covered ten applications, including a continuance, consent items, and regular agenda items involving rezoning, conditional use permits, and a special exception. Commissioners voted on all items, with several decisions accompanied by significant public testimony.

Consent Calendar

• PLN-USE-2023-004 (Premier Healthcare Assisted Living): Approved 8-0 with stipulations.
• PLN-USE-2024-002 (HRSD Washington District Pump Station): Approved 8-0 with stipulations.
• PLN-USE-2024-003 (Ryder Hair Salon): Approved 8-0 with stipulations.
• PLN-USE-2024-005 (Woodley Motorcycle Sales): Approved 8-0 with stipulations.

Public Comments & Testimony

• Thornton North Battlefield (Items 1-3): Supporters included Grady Palmer (resident), Randy Royal (Kimley-Horn), William Hall (Thornton Development), Eric Gordon (attorney), and Jim Steele (neighbor). They emphasized the project's mixed-use design, traffic improvements, and affordable housing component. Opponent Vic Nichols (1124 Mill Lake Way) cited traffic congestion and strain on infrastructure, noting the area already has heavy traffic and that the left-turn lane improvement is insufficient. She also questioned the accuracy of the staff report regarding library facilities.
• 512 Battlefield Carwash (Item 5): Attorney James Leftwich (representing the applicant) spoke against the staff's recommended continuance, arguing the applicant wishes to proceed and understands the need to later modify existing proffers. He stated the applicant has been in the area for 39 years and employs 139 people. No public opposition was heard.
• Bedford Office, Warehouse, & Storage (Item 6): Support was voiced by Attorney James Leftwich, who noted the property was platted for commercial use and that the proposed use would generate minimal traffic (1-2 truck visits per day for the contractor yard, 15 customer visits per day for RV/boat storage). Opponents included Carolyn Yoder (924 Bedford St, 55-year resident), Lynn Keffer (700 Bedford St, 44-year resident), Jeff Staples (1453 Boxwood Dr), Linda Miller (953 Bedford St, 53-year resident), Keith Miller (821 Bedford St), Morgan Delagrange (536 Maxwell St), Amber Snook (841 Bedford St), JD Leaders (724 Bedford St), and Grayson Worley (728 Bedford St). They cited narrow roads (14.5–18.5 feet wide), safety risks for children and pedestrians, existing heavy truck traffic, potholes, and the destruction of a 100-year-old community. Many emphasized that the area is a close-knit residential community, not an industrial park, and that the applicant never consulted them.
• Office Container Stacking (Item 10): Supporters Grady Palmer (attorney) and Brandon Music (engineer) described the use as low-impact (3-5 trucks per day) and noted that all development details (drainage, lighting, etc.) will be addressed during site plan review. Opponents Jeff Staples, Paul Cernico (5105 W Military Hwy), Robert Bricker (500 Shrewett Rd), and Wayne Kanye (4801 Sunray Ave) raised concerns about drainage, noise, lighting, lack of a buffer, potential for truck traffic on Sondej Avenue, and the proximity to the historic Sunray district and Great Dismal Swamp. Several requested a continuance for further study.

Discussion Items

• Thornton North Battlefield (Items 1-3): The commission heard a rezoning (to R-MF-2, B-5, C-1), a conditional use permit for height (57 ft) and private access lanes, and a special exception for cooperative parking. Staff found the proposal consistent with the 2035 Land Use Plan, noting the 50-foot buffer, affordable housing (10 units at 80% AMI), and traffic improvements. Commissioner Steiner asked about traffic assumptions and school enrollment impacts. Staff explained the level-of-service policy exempted the project because the proposed intensity is less than the existing commercial zoning. The project also aligns with the draft Greenbrier Area Plan’s enhancement corridor. The commission voted 8-0 to approve all three items.
• 512 Battlefield Carwash (Item 5): Staff recommended a 30-day continuance to allow the applicant to modify existing proffers from a 2016 rezoning. The applicant opposed the continuance, preferring to proceed and later remove the proffers. The commission voted 6-2 to approve the conditional use permit with stipulations, with Commissioners Crews and Gerloff opposing. The approval sends the item to City Council.
• Bedford Office, Warehouse, & Storage (Item 6): Staff recommended approval, but the commission denied the application 8-0 after extensive public opposition. Commissioner Steiner, Cruz, Forbes, and Gerloff all cited the narrow roads, safety concerns, and incompatibility with the residential community. Commission members noted that the road widths (as low as 15 ft) cannot accommodate two-way truck traffic, and that the use would fundamentally alter the character of the area. The motion to deny cited incompatibility with surrounding properties.
• Office Container Stacking (Item 10): Staff recommended approval. The commission discussed the low intensity of the use and the fact that the property is zoned M-1 (Light Industrial), where a logistics use could be by-right. Commissioner Steiner noted that the use is for non-shipping containers (office/storage) and that the restricted hours and low truck volumes make it an acceptable neighbor. The commission voted 8-0 to approve with stipulations, including that containers be stacked no more than three high and that truck traffic be restricted to Military Highway and Snowden Street.

Key Outcomes

• Continuance: PLN-TXT-2024-001 (sign setbacks) was continued to June 12, 2024, by a vote of 8-0.
• Consent Items: Four items approved unanimously (8-0).
• Thornton North Battlefield Rezoning and Use Permits: Approved 8-0 with proffers and stipulations (including 10 affordable units, right-of-way dedication, and a 50-foot buffer).
• Thornton North Battlefield Special Exception: Approved 8-0 for cooperative parking.
• 512 Battlefield Carwash: Approved 6-2 (Crews and Gerloff opposed); will proceed to City Council.
• Bedford Office, Warehouse, & Storage: Denied 8-0 due to incompatibility.
• Office Container Stacking: Approved 8-0 with stipulations.
• Reconsideration of Text Amendment: The commission voted 8-0 to amend the continuance of PLN-TXT-2023-013 (agricultural text amendment) from July 10, 2024, to a special meeting on May 22, 2024, at 7:00 p.m. Staff will re-advertise and notify stakeholders.