Chesapeake Planning Commission Public Hearing – October 9, 2024

The Chesapeake Planning Commission held its public hearing on October 9, 2024, at 7:00 PM in the City Council Chamber. The meeting covered seven agenda items: one continuance, three consent items, and three regular items. Votes were taken on all items, with the commission approving five applications, continuing one, and voting on two regular items. The meeting adjourned at 8:50 PM.

Consent Calendar

• PLN-REZ-2024-012 (Arete Academy) – A conditional zoning reclassification of 1.3 acres at 401 Waters Road to amend proffers for a school and other uses in the B-1 District. Approved 9–0 (Crews/Barefield).
• PLN-TXT-2024-010 (Rural Overlay Rezoning) – An ordinance amending Zoning Article 5 to permit rezoning of parcels in the rural overlay district for residential use under certain conditions. Approved 9–0 (Crews/Barefield) of the version dated September 13, 2024.
• PLN-SPEX-2024-002 (Winestyles) – A special exception for a cooperative parking arrangement at 759 Battlefield Blvd. N. Approved 9–0 (Crews/Barefield) with three stipulations.

Public Comments & Testimony

Trails and Connectivity Plan (PLN-COMP-2024-001)

• Opponent: Rogard Ross – Speaking on behalf of the Bicycle/Trails Advisory Committee (BTAC), he expressed concern that the plan’s latest draft rejected most of BTAC’s proposed edits, particularly those related to safety prioritization, short-term improvements (crosswalks, sidewalk maintenance), and defining a project prioritization framework. He noted that the plan still lacks a clear safety priority and criticized the removal of language supporting a phased low-cost approach. He stated BTAC plans to take the issue to City Council.

Cardinal Meadows Proffer Modification (PLN-REZ-2024-006)

• Proponent: Bill Blankenship (applicant) – Stated that changed wetlands reduced usable land by 3–3.5 acres, resulting in a loss of 40 units, and that the Dominion Boulevard Corridor Study sub-area 3 requires a feeder road, making mixed-use economically unviable. He argued the modification is necessary.
• Opponent: Vic Nicholls (citizen) – Expressed concern that fewer businesses will increase traffic and that the area is losing mixed-use development to more residential units, which she said drives up taxes and city service costs.

Fishing Point Healthcare (PLN-USE-2024-028)

• Proponents: Ben Grindstaff (Executive Director), Holly Matthews (PhD, psychologist), Francis Charles Demark Jr. (director of vocational rehab), Jeremy Hackworth (neighbor), Tim Webb (clinical director), David Darling (tribal counselor/board chair), Akia Barnes (program manager), and others. They highlighted that the facility serves Medicaid and low-income patients, offers comprehensive care (including family counseling, vocational rehab, and job placement), employs high-paying jobs, has robust security (cameras, lighting, fence), and has operated without incident for nine months. They noted the Nansemond Indian Nation’s commitment to community stewardship.
• Opponent: Christopher Hallameyer (citizen and parent) – Raised safety concerns for his two children attending Deep Creek Elementary School adjacent to the proposed facility. He stated that parents were not notified, that he gathered 81 signatures opposing the facility, and cited data from SAMHSA indicating increased drug-related incidents near such facilities. He acknowledged the worthiness of recovery but argued the facility’s proximity to schools is risky.

Discussion Items

Trails and Connectivity Plan (PLN-COMP-2024-001) – Continued from August and September

• Commissioner Steiner noted that while the plan met its scope, gaps remain in safety prioritization and project prioritization. He expressed intent to move approval with an additional recommendation for City Council to address those gaps.
• Staff (Kevin Finn) confirmed meetings with BTAC and Historic Preservation Commission occurred; changes were incorporated, but some edits were deemed outside the plan’s scope.

Cardinal Meadows Proffer Modification (PLN-REZ-2024-006) – Remanded from City Council

• Commissioner Steiner questioned staff about the Dominion Boulevard Corridor Study sub-area 3 intent and original unit count. Staff (Jimmy McNamara) explained the area was targeted for increased growth, and the original proffer allowed 247 units (no increase). Steiner expressed disappointment that two large developments in sub-area 3 deviated from the mixed-use vision.
• Commissioner Sgueglia moved to approve, citing consistency with surrounding residential uses and lack of visibility reducing commercial viability. Commissioner Stichler seconded. The motion carried 7–2 (Gerloff and Steiner opposed).

Fishing Point Healthcare Conditional Use Permit (PLN-USE-2024-028)

• Commissioner Hackworth disclosed that a family member owns property near the location but confirmed no conflict of interest after City Attorney review.
• Commissioners discussed stipulation #6 regarding violent offenders. Commissioner Hackworth requested clarification on definitions and enforceability. Assistant City Attorney Benjamin Titter noted multiple legal definitions and potential enforcement challenges. After a recess (8:27–8:45 PM), a revised stipulation #6 was read: “The facility shall not provide services to any individual convicted of a sexually violent offense or violent crime or any individual registered with the Sex Offender and Crimes Against Minors Registry. For purposes of this use, ‘violent crime’ is defined as homicide, robbery, aggravated assault, and other felonies that involve force or threat of force. The applicant/owner agrees to abide by their internal Intake Policy.”
• Commissioners Forbes and Steiner expressed desire for an updated school system memo before City Council action. Commissioner Hackworth noted the school’s initial opposition letter was vague and the applicant had a positive meeting with school representatives. The motion to approve with the amended stipulation passed 6–3 (Forbes, Steiner, Stichler opposed).

Key Outcomes

• PLN-TXT-2024-009 (Minor Subdivision Phasing) – Continued 30 days to November 13, 2024, by a 9–0 vote.
• PLN-REZ-2024-012 (Arete Academy) – Approved 9–0.
• PLN-TXT-2024-010 (Rural Overlay Rezoning) – Approved 9–0.
• PLN-SPEX-2024-002 (Winestyles) – Approved 9–0.
• PLN-COMP-2024-001 (Trails & Connectivity Plan) – Approved 9–0 with a motion that the Planning Commission recommend City Council adopt policies ensuring pedestrian/cyclist safety and establish a project prioritization method.
• PLN-REZ-2024-006 (Cardinal Meadows Proffer Modification) – Approved 7–2.
• PLN-USE-2024-028 (Fishing Point Healthcare) – Approved 6–3 with revised stipulation #6.
• The October 23, 2024 meeting was canceled by unanimous consent.

Note: The meeting started at 7:00 PM and adjourned at 8:50 PM. All votes recorded reflect the October 9, 2024, public hearing.