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Record of Proceedings

Chesapeake Planning Commission Public Hearing – January 8, 2025

Planning Commission — Wednesday, January 8, 2025
BodyChesapeake, Virginia
SessionPlanning Commission
DateWednesday, January 8, 2025
StatusFILED
Video Record
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Transcript — Verbatim
0:44

Good evening, everyone.

0:45

Planning Commission pre-meeting for January 8th, 2025 is now in session.

0:50

Welcome to our pre-meeting tonight.

0:51

Thank you for being part in the business of our city.

0:55

Would like to welcome a couple uh handful of new commissioners that we have this evening.

0:58

Commissioners Gilman, Commissioners Malone, and Commissioner Williams.

1:02

Welcome aboard.

1:03

Glad to have you.

1:05

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

1:10

We have a total of nine applications, of which two applications are for continuance or withdrawal.

1:16

Mr.

1:16

Bostwick, would you please provide the commission with an overview of the continuance applications?

1:26

Yes, good evening, Mr.

1:28

Chairman and Commissioners.

1:29

Uh before I do the announcement of the continuance items, I have a couple of staff updates I'd like to provide to you.

1:38

Alyssa and Brenson, could you come up, please?

1:45

So most of you have seen Alyssa around for several years now.

1:49

Well, she has recently been promoted to a planner three, so she is now in charge of our development review team.

1:56

So she'll have three other planners working on her team.

2:00

Most of the other planners you see all the time as well.

2:03

And so we're very glad that Alyssa accepted the position.

2:07

Okay.

2:08

The other position is Mr.

2:10

Brenson Birdsong.

2:12

He is our new address coordinator.

2:15

He comes to us via the University of Auburn.

2:20

Auburn University, I don't know.

2:22

I'm from out west, right?

2:24

And uh he spent 10 years in the Marine Corps and left as a captain.

2:28

And then he worked in management for big box home improvement stores for a number of years and has decided to come back to his first love planning.

2:39

So we're glad to have Brenson with us.

2:42

So those are the staff updates.

2:46

Thank you.

2:51

Okay.

2:52

And we have two requests for continuance and none for withdrawal.

2:55

The first is PLN dash USC dash 2024-033.

3:01

That's raceway fueling station.

3:03

And you should have received an email today with an update that the applicant is now requesting an indefinite continuance.

3:13

The second item is PLN-USC-2024-048 shining light preschool with the applicant requesting a continuance to the February 12, 2025 meeting.

3:37

Without any and without any objection, we'll place these items on the continuance portion of the agenda.

3:43

All right, so our next step, uh, we will review the remaining items on our agenda and we'll determine placement on either the consent or the regular agenda.

3:53

So for our uh new commissioners, we're going to go through each of these one by one.

3:57

We'll see if anyone has any questions or comments.

4:00

And then if anyone would like to uh have have an item placed on the regular agenda, just speak up.

4:06

You know, I'd like this put on the regular agenda.

4:08

Um it's that simple.

4:10

Okay, so our first item for review is item number one, Homestead Road Pet Crematorium.

4:16

Mr.

4:16

McKay, do you have any updates for us on this application?

4:23

Good evening, Commissioners.

4:25

Um, yeah, I have no updates on it.

4:27

Um we have received uh several phone calls and emails in opposition, including uh just today uh a letter from Gary Simanski, the uh president of the uh Sunray Farmers Association in opposition.

4:44

Okay, thank you very much.

4:45

Any commissioners have any conflicts with this application?

4:50

Any questions for staff?

4:52

Any discussion?

4:55

Okay, because this item is recommended for denial, it will be placed on the regular agenda.

5:02

All right.

5:03

Our next item is item number two, lawful nonconforming uses.

5:08

Ms.

Discussion Breakdown — Share of Meeting
Land Use and Zoning███████████████████████████27%
Procedural█████████████████17%
Planning And Development████████8%
Miscellaneous███████7%
Legal Affairs██████6%
Agricultural Conservation██████6%
Environmental Protection████4%
Public Safety████4%
Public Engagement███3%
Summary of Proceedings

Chesapeake Planning Commission Public Hearing – January 8, 2025

The Chesapeake Planning Commission held a public hearing on January 8, 2025, at 7:00 p.m. in the City Council Chamber, adjourning at 8:26 p.m. The meeting included a pre-meeting at 6:40 p.m. for agenda review, committee reports, and a presentation on the Indian River Design Guidelines. The commission acted on two continuance items, five consent items, and three regular agenda items, with votes recorded for each. The meeting also featured a presentation on the Indian River Design Guidelines, adoption of the 2025 bylaws, and approval to cancel the January 22, 2025 meeting.

Consent Calendar

  • PLN-USE-2024-033 (RaceWay Fueling Station): Continued indefinitely by a vote of 9–0 (Sgueglia/Crews).
  • PLN-USE-2024-048 (Shining Light Preschool): Continued to the February 12, 2025 meeting by a vote of 9–0 (Sgueglia/Crews).
  • PLN-TXT-2024-012 (South Norfolk Historic District Design Guidelines): Approved, version dated December 6, 2024, by a vote of 9–0 (Crews/Hackworth).
  • PLN-TXT-2024-013 (Subdivision & Zoning Ordinance Updates): Approved, version dated November 1, 2024, with amendments to Sections 70-22(b) and 70-27(b)(2) replacing “and” with “or” to read “Department of Public Works or the Department of Development and Permits,” by a vote of 9–0 (Crews/Hackworth).
  • PLN-TXT-2024-014 (Commercial Trailer Parking): Approved, version dated December 16, 2024, by a vote of 9–0 (Crews/Hackworth).
  • PLN-2232-2024-002 (Capital Improvement Plan Projects – West Road sewer and water lines): Approved by a vote of 9–0 (Crews/Hackworth).

Public Comments & Testimony

  • On PLN-TXT-2024-012 (South Norfolk Historic District Design Guidelines): Brad Moore (1300 Park Avenue, South Norfolk Civic League) expressed support, noting the Planning Department’s community engagement. Kardee Moore (1300 Park Avenue) also spoke in favor.
  • On PLN-TXT-2024-014 (Commercial Trailer Parking): Brad Moore (1300 Park Avenue, as a citizen) spoke in support, citing clarity for enforcement.
  • On PLN-2232-2024-002 (CIP projects): Vic Nicholls (1124 Mill Lake Quarter) opposed, citing cost concerns and the need to prioritize existing infrastructure.
  • On PLN-USE-2024-031 (Homestead Rd Pet Crematorium): Proponents: Brittany Johnson (citizen, available for questions), Jack Claud (agent, Hoggard-Eure & Associates, described the facility as quiet and not offensive), Vic Nicholls (citizen, supported as a small business). Opponents: Kelicia Dix (4517 Sunray Avenue) raised concerns about DEQ report discrepancy (7-day vs. 5-day operation) and air pollution; Michael Zydron (4512 Peach Road) cited incompatibility with the Sunray Historic District, building appearance, and location; Robert Bricker (500 Truitt Road) noted DEQ application not yet submitted, inadequate community outreach, and stack height.
  • On PLN-TXT-2024-011 (Lawful Nonconforming Uses): Brian Plumlee (4705 Columbus Street, Virginia Beach) opposed, arguing the amendment violates vested rights and requested a delay for an Attorney General opinion. He also asked for clarification on the appeal process.
  • On PLN-USE-2024-044 (Topsail Chiropractic): Proponents: Sara Gainor (4331 Topsail Landing, applicant) described the startup business and willingness to work with the city; Vic Nicholls (citizen) supported small business. Opponents: Melvin Marriner (1616 Clark’s Circle) opposed due to traffic, safety, and precedent; Regina Summerville (4351 Topsail Landing) cited increased traffic, noise, safety concerns for children, and potential property value impacts.

Discussion Items

  • Indian River Design Guidelines Presentation: Consultant Ross Cannon (Work Program Architects) and Ariel Barrientos (Orbis Landscape Architecture) presented the draft guidelines for three commercial corridors, emphasizing community engagement, pedestrian safety, landscape palettes, and cost-effective improvements. Commissioners discussed consistency with the comprehensive plan and the bikes and trails plan. Planning Director McNamara framed the guidelines as part of the Indian River Area Plan implementation.
  • PLN-TXT-2024-011 (Lawful Nonconforming Uses): After debate, Commissioner Steiner moved to deny based on language in Section 15-104 concerning forfeiture of nonconformity. The motion failed 3–6 (Steiner, Sgueglia, Barefield in favor; Crews, Gilman, Gerloff, Hackworth, Malone, Williams opposed). Commissioner Hackworth then moved to approve, which passed 6–3 (Crews, Gilman, Gerloff, Hackworth, Malone, Williams in favor; Barefield, Sgueglia, Steiner opposed). City Attorney Titter confirmed the ordinance’s legality and enforceability, noting that the appeal process is already in state code and zoning ordinance, and that an Attorney General opinion is non-binding.
  • PLN-USE-2024-044 (Topsail Chiropractic): Commissioners discussed compatibility with the residential neighborhood, traffic impacts, and the possibility of a stipulation limiting patients. Commissioner Sgueglia proposed one patient per hour, but the applicant indicated that would be unsustainable. The motion to deny passed 9–0.

Key Outcomes

  • Continuances: PLN-USE-2024-033 continued indefinitely; PLN-USE-2024-048 continued to February 12, 2025.
  • Consent Approvals: PLN-TXT-2024-012, PLN-TXT-2024-013 (with amendment), PLN-TXT-2024-014, and PLN-2232-2024-002 all approved 9–0.
  • Homestead Rd Pet Crematorium (PLN-USE-2024-031): Denied 8–1 (Commissioner Gerloff dissenting).
  • Lawful Nonconforming Uses (PLN-TXT-2024-011): Approved 6–3.
  • Topsail Chiropractic (PLN-USE-2024-044): Denied 9–0.
  • 2025 Bylaws: Adopted unanimously during the pre-meeting.
  • Meeting Cancellation: The January 22, 2025 public hearing was canceled by unanimous consent.
  • Next Steps: Approved items will be heard by City Council on the third or fourth Tuesday of the following month.

Meeting Transcript

Good evening, everyone. Planning Commission pre-meeting for January 8th, 2025 is now in session. Welcome to our pre-meeting tonight. Thank you for being part in the business of our city. Would like to welcome a couple uh handful of new commissioners that we have this evening. Commissioners Gilman, Commissioners Malone, and Commissioner Williams. Welcome aboard. Glad to have you. So the uh first order of business tonight is the agenda overview discussion. We have a total of nine applications, of which two applications are for continuance or withdrawal. Mr. Bostwick, would you please provide the commission with an overview of the continuance applications? Yes, good evening, Mr. Chairman and Commissioners. Uh before I do the announcement of the continuance items, I have a couple of staff updates I'd like to provide to you. Alyssa and Brenson, could you come up, please? So most of you have seen Alyssa around for several years now. Well, she has recently been promoted to a planner three, so she is now in charge of our development review team. So she'll have three other planners working on her team. Most of the other planners you see all the time as well. And so we're very glad that Alyssa accepted the position. Okay. The other position is Mr. Brenson Birdsong. He is our new address coordinator. He comes to us via the University of Auburn. Auburn University, I don't know. I'm from out west, right? And uh he spent 10 years in the Marine Corps and left as a captain. And then he worked in management for big box home improvement stores for a number of years and has decided to come back to his first love planning. So we're glad to have Brenson with us. So those are the staff updates. Thank you. Okay. And we have two requests for continuance and none for withdrawal. The first is PLN dash USC dash 2024-033. That's raceway fueling station. And you should have received an email today with an update that the applicant is now requesting an indefinite continuance. The second item is PLN-USC-2024-048 shining light preschool with the applicant requesting a continuance to the February 12, 2025 meeting. Without any and without any objection, we'll place these items on the continuance portion of the agenda. All right, so our next step, uh, we will review the remaining items on our agenda and we'll determine placement on either the consent or the regular agenda. So for our uh new commissioners, we're going to go through each of these one by one. We'll see if anyone has any questions or comments. And then if anyone would like to uh have have an item placed on the regular agenda, just speak up. You know, I'd like this put on the regular agenda. Um it's that simple. Okay, so our first item for review is item number one, Homestead Road Pet Crematorium. Mr. McKay, do you have any updates for us on this application? Good evening, Commissioners.

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