Chesapeake Planning Commission Public Hearing – November 13, 2024

The Chesapeake Planning Commission held a public hearing on November 13, 2024, at 7:00 PM in the City Council Chambers. Chairman Joshua Gerloff presided. Six commissioners were present (Gerloff, Crews, Barefield, Gilbert, Hackworth, Steiner); three were excused (Forbes, Sgueglia, Stichler). The meeting adjourned at 8:26 PM. The commission considered ten applications, including one continuance request, five consent items (after two were moved to the regular agenda), and four regular agenda items. All votes were unanimous (6–0).

Continuance Item

• PLN‑COMP‑2024‑002 – Public Safety Training Academy PUFA Expansion: A resolution to amend the 2035 Comprehensive Plan to expand the Public Utility Franchise Area (PUFA) to include seven parcels southwest of St. Brides Road and Battlefield Boulevard South. Staff requested a continuance to allow additional research on historic/cultural resources, equestrian park plans, private well/septic impacts, and procedural compliance. Two citizens spoke in support of the continuance: Jennifer Knight (Ballahack Road) expressed concerns about a pre‑revolutionary church cemetery, equestrian park expectations, and potential impacts on private wells. Vic Nicholls (Mills Lake Quarter) agreed. The commission voted 6–0 to continue the item for 30 days to the December 11, 2024 public hearing.

Consent Calendar (Items 1, 4, 5, 7, 10)

The consent agenda originally included items 1, 4, 5, 6, 7, 8, and 10. Item 6 (Tranquil Pooch) was moved to the regular agenda because three or more speakers were opposed. During the hearing, a commissioner moved item 8 (Steel Street Containers) to the regular agenda for further discussion. The final consent calendar comprised the following items, all approved 6–0:

• Item 1 – PLN‑TXT‑2024‑009 (Minor Subdivisions): Ordinance amendment to allow minor subdivisions to be completed in multiple phases if certain requirements are met.
• Item 4 – PLN‑PUDM‑2020‑007 (The Commons): Accelerated proffer modification to update the Master Development Plan and Development Criteria for a mixed‑use project at Grassfield and Cahoon Parkways.
• Item 5 – PLN‑USE‑2024‑032 (Home Office Shed): Conditional use permit (CUP) for a Level II home office in a detached shed at 608 Yorkshire Ct. Stipulations: no customers/employees not residing in the home; use limited to office; permit limited to applicants.
• Item 7 – PLN‑USE‑2024‑036 (Empowerment Events Venue): CUP for an event space (weddings, networking, etc.) at 2743 Campostella Road, allowing alcohol service after midnight. Stipulations: hours 7 AM–2 AM daily; all activity indoors.
• Item 10 – PLN‑SPEX‑2024‑003 (Fellowship of Deliverance Church Parking): Special exception for an alternative parking surface in connection with a 2,400‑sq‑ft church expansion at 1253 West Road.

Public comments on consent items:

• Item 4: Grady Palmer (agent) supported; Vic Nicholls opposed citing congestion.
• Item 5: Bernard & Catherine McDonald (applicants) supported; Yvonne Pittman (neighbor) supported. Bernard McDonald asked about permit transferability.
• Item 7: Paradise Smith (applicant) stated availability for questions.
• Item 8: Grady Palmer and Chris Gullickson (Port of Virginia) supported; Vic Nicholls and Brittni Hemperley opposed, citing lack of community outreach and environmental concerns.
• Item 10: Mark Gilman (applicant) thanked the commission.

Public Comments & Testimony (Regular Agenda Items)

Items 2 & 3 – Yadkin BESS (Rezoning and CUP)

• Proponents: Grady Palmer (agent) stated the site is away from residences and that community outreach occurred. Matt Boys (IPA Powers) described the project: 100 MW, 3.3‑acre fenced area, 15–20 year battery life, batteries recycled. Matt Kim (fire engineer) explained risk mitigation: four‑hour firewalls, 25‑foot container spacing, and a defensive firefighting strategy with no special training needed for firefighters.
• Opponents: Vic Nicholls raised concerns about deep‑seated fires, thermal runaway, environmental risk, and lithium off‑gas detection. Kenneth Strickland (2813 Flag Road) said no door‑to‑door outreach had occurred, feared train‑blocked emergency access, and doubted the city’s fire capacity.

Item 6 – Tranquil Pooch (Dog Grooming CUP)

• Proponents: Dominique Harris (applicant) and Azriele Harris cited no complaints and mindful operation; Venus Byrd (backyard neighbor) praised property maintenance and lack of noise/traffic.
• Opponents: Yolanda Moore (Tournament Drive) wanted to preserve residential character. Rev. Earlston Teal, president of the Camelot Civic League, reported safety/traffic concerns and noted the area is turning commercial. Antoinette Teal (50‑year resident) listed numerous other home businesses and preferred a nearby strip mall.

Item 8 – Steel Street Containers (Container Stacking CUP)

• Proponents: Grady Palmer described the site’s transformation from a junkyard to a clean logistics yard with stormwater management, landscaping, and pavement. Chris Gullickson noted port growth and need for container storage.
• Opponents: Vic Nichols repeated concerns about poor communication. Brittni Hemperley (Shell Road) presented detailed environmental and historical concerns, including Clean Water Act violations, flooding in a 100‑year floodplain, and lack of notice to the Gilmerton community.

Discussion Items

Yadkin BESS (Items 2 & 3) fell under regular discussion. Commissioners questioned the applicant on power generation (enough for 30,000–45,000 homes for four hours), battery life (15–20 years, then recycled), fire risk (defensive strategy, no specialized training needed), and emergency access (fire department approved the emergency response plan). Staff confirmed the fire marshal reviewed and approved all documents.

Tranquil Pooch – Commissioners discussed enforcement of home occupations. Jay Tate (Development & Permits Director) noted no complaints had been received; the business was flagged during license renewal. Commissioner Hackworth asked about monitoring – Tate said neighbors should report suspected businesses. Staff explained the stipulated hours (8 AM‑6 PM Mon‑Sat) are code‑based and difficult to enforce if more restrictive.

Steel Street Containers – Commissioner Steiner clarified that no rezoning was needed (M‑2 zoning) and the CUP only covered stacking. He noted the site had undergone site plan review, which addressed stormwater and landscaping. Commissioner Hackworth asked about the timeline of improvements; Mr. Palmer stated site plan was approved in late 2023/early 2024.

Key Outcomes

• Continuance granted (6–0) for PLN‑COMP‑2024‑002 to December 11, 2024.
• Consent items (1, 4, 5, 7, 10) approved 6–0.
• Items 2 & 3 – Yadkin BESS approved 6–0 with one proffer (limiting development to battery storage system as depicted in the preliminary site plan) and eight stipulations (covering operator notification, commercial entrances, emergency access/plan, fencing with noise‑reducing material on the south side, 100‑ft northern setback/300‑ft other setbacks, landscaping, and decommissioning plan with surety).
• Item 6 – Tranquil Pooch approved 6–0 with stipulations: use limited to dog grooming, no non‑resident employees, one customer at a time by appointment, hours 8 AM–6 PM Mon‑Sat, permit limited to applicants.
• Item 8 – Steel Street Containers approved 6–0 with stipulations: containers stacked no more than five high, final site plan within 90 days of City Council approval, Knox Box for emergency access, and preservation of landscape buffer and existing trees as shown on the preliminary site plan dated September 26, 2024.
• Cancellation of November 27, 2024 meeting approved by unanimous consent.

Note: All votes were 6–0; commissioners Forbes, Sgueglia, and Stichler were excused and did not participate.