The planning commission pre-meeting for May 13th, 2026 is now in session.

Welcome to our pre-meeting.

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

The first order of business is the agenda overview discussion.

We have a total of seven applications, of which one application is for continuance or withdrawal.

Mr.

Boswick, could you please provide the commission with an overview of the application?

Yes, good evening.

We have one request for a continuance that's PLN-REZ-2025-021 Mirrors Creek with the applicant requesting a continuance to the June 10, 2026 meeting.

Do any commissioners have any comments or questions regarding this item?

Without any objection, the item will be placed on the continuance withdrawal portion of the agenda.

Next, we will review the remaining items and determine placement on either the consent or regular agenda.

Do you have any updates regarding this application?

Good evening, commissioners.

I have no updates at this time.

I've not received any calls or inquiries.

Okay.

Any other questions for staff?

Any discussion?

Hearing none, is there any objection of placing this item on the consent agenda?

All right, then we will put item number three on consent agenda.

Our next item is item number four, Green Briar Costco.

Mr.

Hannigan, do you have any updates regarding this item?

Uh, no updates to the staff report.

Uh, as it was presented.

We did receive two comments on this, and they were both in support of this application.

Do any commission any commissioners have any conflicts with this application?

Do any commissioners have any questions for staff?

Is there any discussion?

Hearing none, is there any objection of placing this item on the consent agenda?

All right.

Item number four will be placed on consent.

The next item is item number five, Liberty Defense Armory LLC.

Miss Peoples, do you have any updates regarding this application?

I have no updates to the staff report and have not received any emails, phone calls, or inquiries.

Thank you.

Do any commissioners have any conflicts with this application?

Do any commissioners have any questions for staff?

Is there any discussion?

Hearing none, is there any objection of placing this item on the consent agenda?

Item number five will be placed on consent.

The next item is item number six, exterior building lighting.

Mr.

Hannigan, do you have any updates regarding this application?

Yes, I don't have any updates to the staff report as presented, but we did receive one letter of opposition to this uh from the Autobond Society.

Okay, thank you.

Do any commissioners have any conflicts with this application?

Are there any questions for staff?

Is there any discussion?

Hearing none, is there any objection to placing this item on the consent agenda?

All right, we will place item six on consent.

The next item is item number seven, capital improvement projects.

Mr.

Lundy, do you have any updates regarding this application?

Good evening, commissioners.

No, no updates from me.

Commissioner have any conflicts.

Do any commissioners have any questions for staff?

Is there any discussion?

Hearing none, is there any objection to placing this item on the consent agenda?

All right, thank you.

The consent agenda as of now will consist of items number three.

Chair.

After some thought, I think I want to see uh item three on the regular agenda.

All right, which would be the Bedford Contractor Storage Unit.

Alright, so we will move item three to the regular agenda.

So our consent agenda consists of the following items now.

Items number four, five, six, and seven, and the regular agenda will consist of items number one and number three.

The next order of business is the planning commission committee reports all business.

Is there anything to report from these committees?

All right.

Then next what we have uh what we have coming up next will be the summary of public hearing uh applications received.

Mr.

Boswick.

This month's summary of new applications in the pipeline include a rezoning with the companion subdivision variants, a rezoning with a companion conditional use permit, two conditional use permits for cell towers, and one special exception for a cooperative parking agreement.

That's it.

Interesting.

All right, Miss Neal.

Uh, do we have any initiated text amendments?

Good evening, commissioners.

Uh no initiated text amendment, but we have received an initiating resolution uh to modify the comprehensive plan to incorporate a written policy related to data centers.

Uh this is a companion item to the data center text amendment that we're working on that we'll have before you both in the near future.

Thank you.

All right, next we have a special presentation by Mr.

McNamara on the CARE standard.

Mr.

McNamara.

Good evening, Mr.

Chair.

And uh this is a it's a this was actually a really fun presentation for me to give.

Um, you know, this is something that is uh near and dear to all the uh the city employees' heart as uh members of Team Chesapeake and uh at your request, you know, we we are are preparing a series of uh of uh presentations that will help uh hopefully the commission in their uh in the in their duties and responsibilities.

So tonight we're gonna talk about the care standards, and I'm sure that you've heard uh the the phrase the city that cares, uh, and it's it's put on a lot of our buildings.

It's put on our signs, it's put uh on a lot of our posters all over the place, but it's more than that.

It's something that really is embedded uh within uh who we are as uh as a as a work group, and we think that this will be beneficial to share with the commission as well.

So, first off, starting at a baseline, Chesapeake is a community is now you know over 250,000 residents.

It's composed of over 10,000 businesses.

We're the second largest city in Virginia, and we are consistently uh known for our small town feel as well as uh being one of America's hundred largest cities when it comes to population.

So, you know, we talk about the small town feel, and it's important to maintain that small town feel in the services that we're providing, particularly as a as a rather large city uh and keeping to our core uh our our core values.

So we we we will certainly talk more about the care standards and how those help us maintain that small town customer feel.

Um, you know, Chesapeake's also known as one of the safest cities in America, uh consistently ranked up there within uh when when magazines and and other publications come out with rankings, uh Chesapeake is always ranked up at the top when it comes to safest cities in America.

We're known for our excellent schools.

We have uh varying uh variety of physical development areas within the city.

We have our urban overlay where you can find uh you know some of our more dense development, our suburban neighborhoods, particularly as you get on the outer uh uh edge of the urban overlay, and then we have our rural areas, uh so we're over 350 square miles and we have a lot of space within there.

We are diverse community, uh we have a lot of diversity for through from an age perspective to demographic perspective.

There, there's a lot that is uh that makes up our community.

And the fact is we're still growing.

When we look at Chesapeake city government, you know, we we are a financially strong government with high citizen satisfaction when you look at different surveys that come out, particularly from our local uh publications.

Uh Chesapeake is always ranked at the top when it comes to citizen satisfaction.

Uh you know, a lot of times we hear uh you know a lot of the concerns from our citizens, but when we when we look at the data here, we see that there's a high citizen satisfaction with the services that they're getting.

We're involved in many different business lines.

You are involved with the planning department, but we are a public utility, we are a library, we are a parks and rec facility, we are uh garbage collectors, we are we have a lot of lines that we are involved in.

Uh, and we're too dedicated to providing that small town customer service, regardless of whichever line that we are providing these services to our residents.

And we're organized particularly from the manager down and the city government side and to achieve desired outcomes, and that's really where our focus comes into.

We we we are aligned to achieve these desired outcomes which are set forth by the city council, which on this next slide you'll see the city council is appointed by citizens.

So it's the citizens who are electing our council who are appointing us to really uh fulfill these desired outcomes that that each one within the organization is responsible for.

So you know it's the one tree here.

We have city council who appoints the city manager and the city manager who has deputy city managers who are in charge of different portfolios.

Planning in particular falls under the community development portfolio.

But you'll also notice on the other branch of the tree here, city council also appoints commissions, which uh planning commission is certainly a component of that.

So when we talk about care standards, you know, we we find that you know city council has really embedded this into our DNA and everything that we do.

So these standards certainly have uh play on the commission as much as they do for the city employees as well.

So City Council establishes a vision, they adopt policies, they allocate resources, and they provide accountability to make sure that those policies and resources are being used in a way that are that they're achieving those desired outcomes.

So city manager and staff implement council's vision, we provide services, and we make policy and budget recommendations that the city council can then act upon.

Like us, you are providing advice to both council and staff.

Uh, the boards and commissions advise council and staff on different policy, in this case, land use recommendations.

Uh so when they are are fulfilling their duties and making decisions, you're providing those recommendations.

But all in all, we work together to implement the vision and to achieve the desired outcomes that that council has set for us.

So our vision, I'm not going to read the whole thing, but this vision is incorporated within our comprehensive plan.

It's the foundation for which all of our policies, you know, orbit around this and really point towards achieving our vision.

But the line that we hear over and over again is, you know, we want the city to be an exceptional place to live, learn, work farm, and play.

So the question is how do we make Chesapeake an exceptional place?

Well, we provide, and when I say we, we the city provide services and infrastructure to benefit the community.

We help council and the community make choices, address uh address uh needs, and then pursue opportunities.

Uh, fact of the matter is we can't be everything to everyone, and we have to make decisions sometimes, and we have to uh do this in a way that is going to uh benefit and be of the biggest benefit and achieve uh council's desired outcomes.

And we do all this while acting according to our values, which is where the care standards really come into being.

And all these values are based on providing that small town customer service that we have been talking about from the beginning.

Now, the care standards are as follows courteous, attentiveness, resourcefulness, empowerment, and stewardship.

These are really the core tenets of of how we make these, how we make our decisions based on our values.

So, courteousness, we are communicating with respect and authenticity to help others feel welcomed, appreciated, heard, and understood.

And this is really core to us engaging with our citizens, so making sure that all the interactions we have that we are that we are doing these would respect and authenticity to you know help others feel welcomed within within these walls.

Attentiveness is identifying, but not just identifying, but anticipating the needs of others and acting upon those needs and providing timely follow-up.

So this is, you know, it takes it beyond just you know paying attention to a need that's there right now.

It's anticipating needs that are going into the future and and the accountability of actually providing that timely follow-up to make sure that we are addressing those needs.

We talked a little bit about resourcefulness, but we don't have enough resources to you know to be everything to everyone.

Uh, but we do want to provide outstanding customer service and being flexible and adaptable and achieving desired outcomes using the available resources that we do have and stretching those resources in many instances to make sure that we that we're doing the most that we can with the resources that are available to us.

This is one I talk uh to uh members of the planning department about all the time, but empowerment, possessing the knowledge, ability, and integrity to address the needs of others to be accountable for outcomes.

Uh, this is something we want to empower our citizens to or excuse me, empower our employees to be able to assist our citizens, make decisions, and then to act upon those decisions, knowing that they're aligned with providing that small town customer service.

And then the last one is stewardship, and this is committing uh to public service in our city and to caring for our community, our team, ourselves, and our resources.

We need to take care of the things that we have.

We need to make sure that we are doing this in such a way that we are are being good stewards of the taxpayers' uh resources that have been provided to us to provide these services.

So this is certainly something that that uh is is done on a daily basis.

But again, these are our values, and these are how we, you know, these are embedded in the ways that we make our decisions, but the outcomes that we are trying to achieve as set by city council are economic prosperity, connectivity, cultural diversity, environmental responsibility, safety and security, and accountability.

And these, you know, when we when we talk about the retreat coming up, this will certainly be uh part of when we talk about the strategic plan that council has for us.

These will certainly be discussed at length.

So when we talk about how we make decisions, uh this is also really important to us.

So we have three strategic anchors, and these strategic anchor strategic anchors help us make those decisions.

And every time something comes before us, we anchor into one of these as as uh you know the basis for our decision.

So are we helping to make Chesapeake an exceptional place to live learn work from or play and play on based on our vision?

Are we providing outstanding service to City Council, our community, our customers, and each other based on our values?

And then will we be fiscally responsible and sustainable based on our budget guiding principles, which you know certainly falls within council's purview?

But this is really when we make decisions and we're providing recommendations to you, these are what we're basing our decisions on as a core.

And again, the DNA that that really makes all this up together is the care standards, which you know.

You know, if you don't exhibit the care standards as part of our interviewing process, we will not hire you.

Uh that's core to the people who are here.

You have to exhibit these these standards.

And yeah, you know, you can there's a there's a lot that can happen where mistakes are made and everything else.

If you anchor to one of these, but you're ex and you're exhibiting the care standards and you made a mistake.

You know, we can certainly you know find ways to overcome that.

But if you're not providing those care standards, that's certainly a reason that we would look to separate with folks because that's it's core to who we are, and it's uh something that we have to provide uh to our to our citizens.

So, Mr.

Chair, I hope that this is helpful uh for the commission uh just to understand you know uh uh our values and what the expectations are on behalf of uh city council of us, and uh we hope that that's uh valuable for the commission as well.

Thank you, Mr.

McNamara.

Um, one of the things we had uh that I discussed with Mr.

McNamara was just the fact of you know what we're appointed by by the city council, um and we're technically we're providing that public service.

We're representatives of the city, and this is something that every new employee goes through, and they get this to understand what these principles are.

These are something that have developed over time.

Uh and so if you've worked in the city, you you've seen this.

There's there's plaques that are up.

I mean, there's you know, and they're they're focusing on this.

So we just thought that is as being appointed by city council to do this function and being responsible.

This is a public service, but we're being responsible to the citizens that it was just good to show what the standards were that we're basing that the city based itself on.

Um so thank you for that.

And and like I said, if you walk around, you'll see this quite a bit.

So any comments or anything else?

All right.

Uh what I also would like to remind you is I sent out uh an email a week or two ago just talking about, you know, regularly planning commissions are set for the second and fourth Wednesdays of every month.

I know regularly we were able to suspend the fourth uh Wednesday, but in July, July of the 22nd, I think we're gonna do it over in Greenbrier.

Um we'll meet that evening.

It will be a retreat to cover some different things.

I think we went over the Green Briar area plan uh last year, I think it was last year that we met over at Greenbrier.

So it's a chance for us to meet and get out and inside the city and you know, a little different atmosphere.

So just make sure you put that on your calendars.

That will be July the 22nd.

So all right.

If there is no further business uh to consider it this time, then this meeting stands adjourned at 6.21 p.m.

We have your attention.

And those outside in the lobby, tonight's planning commission meeting is scheduled to begin.

If you wish to speak in tonight's meeting, we ask you to complete and submit a speaker card before the meeting begins.

Hold on one second.

Tonight's planning commission meeting is scheduled to begin in five minutes at 7 PM.

If you wish to speak at tonight's meeting, then we ask that you complete it and submit a speaker card before the meeting begins.

The planning commission public hearing for may thirteenth, twenty twenty-six is now in session.

Please stand for the Pledge of Allegiance.

For those who wish to participate, you're invited to remain standing for the invocation.

Commissioner Gilman will lead the Pledge of Allegiance, and the invocation will be offered by Commissioner Taylor.

And to the Republic.

And we ask you, Lord, to bless this commission tonight that we make the right decisions to support what will need to be supported tonight.

In the name of your son, Jesus, we make this prayer, Lord, amen.

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

Mr.

Boswick, please call the role.

Commissioner Bearfield.

Commissioner Gilman.

Present.

Commissioner Halliard.

Here.

Commissioner Malone.

Here.

Commissioner Squelia.

Here.

Commissioner Spruel.

Here.

Commissioner Taylor.

Here.

Commissioner Williams.

Present.

Chairman Heckworth.

Here.

The minutes for the April 8th, 2026 public hearing are being considered for approval.

Do the commissioners have any corrections or revisions?

If there are no corrections, the minutes are approved by unanimous consent.

The commission rules and procedures are available at the table in the front of the chambers on the screen in the chambers, and they are also available online at our website.

The chair asks that each of you follow these guidelines.

Speakers who violate the rules of the public hearing will receive one verbal warning within the course of the evening.

Upon plan and commission action of either approval or denial, the remainder of the item shall be heard by city council next month, either on the third or fourth Tuesday beginning at 6 30 p.m.

in this chamber, unless otherwise denounced tonight.

Citizens may contact the city clerk's office or the planning department on the Friday after the planning commission meeting to find out which date the item will be heard by the city council.

The first order of business is the consideration of request to withdraw or continue an item.

Normally an application is withdrawn without further discussion.

In the case of continuances, it is the planning commission's policy to continue the item as requested by the applicant or staff.

Mr.

Boswick, are there any requests for withdrawal or continuance?

We have one item requesting continuance and no items being withdrawn.

Mr.

Boswick, please read the application into the record.

Continuance application is item number two, PLN-REZ-2025-021.

The project is Mirrors Creek.

The applicant is Coastal Virginia Partners, LLC.

The owner is Gary D.

Mears, trustee.

The proposal is a conditional zoning reclassification of approximately 13.2 acres of R15S residential district to RA residential district.

The location is the western terminus of Woodland Drive in the Western Branch planning area.

Based upon the applicant's request, staff recommend that PLN-REZ-2025-021 be continued to the June 10, 2026 Planning Commission meeting.

Secretary Malone, are there any speakers on the item for continuance?

There are all right.

Speakers, you may hold your comments until the meeting at which the item will be fully discussed, or you may speak on the continuance now.

If you choose to speak, you must limit your comments to the continuance request only, and you cannot address the merits of the application.

Each speaker will have a total of three minutes.

Secretary Malone, please call the speakers.

In opposition.

Do you want to do you want to speak on the merits of the continuance?

If you're speaking about if you're speaking about the item itself, this is being continued to another one.

This is only on the continuance.

Okay.

Yeah, come on up.

Green or okay.

Um, I am a homeowner.

When you come up, if you would state your name and address.

Sure.

I'm Tanji Brown Rogers, 1813 Dock Harbor Drive.

Um I'm a homeowner.

Uh that resides in Dock Harbor community.

Um, and so the continuance um I understand is on the floor.

That's up for discussion this evening.

Um I am not interested in presenting anything as far as my stance on that at this time.

Um, however, should the circumstances change and the continuance is not granted.

I would like to be able to speak.

That's it.

Alright, thank you.

Next speaker.

Terry Reese available for questions.

In opposition.

All right, so just available for questions.

Um, all right.

So at this point, uh, next speaker.

That's it.

All right.

Uh at this time I'll accept the motion to continue the item as read by Mr.

Boswick.

Motion to continue it.

Second.

All right.

We have a motion by Commissioner Williams and a second by Commissioner Taylor for continuance.

Commission uh prepare to vote.

Please vote.

Mr.

Boswick, please record the vote.

By a vote of nine to zero, the motion carries.

All right.

The second order of business is consideration of the consent agenda.

The consent agenda contains those items that the planning staff believes are unopposed and have a favorable staff recommendation.

Speakers on items placed on the consent agenda will be given a total of three minutes to address the commission.

If you have an objection to an item being placed on the consent agenda, please note your objection when you address the commission.

Secretary Malone, are there any items on uh on which the consent agenda in which there are three or more speakers in opposition?

There are not.

All right.

Um there is one item that we are pulling off, which will be item number six on the text amendment.

Um so at this point the consent agenda is as follows items number four, five, and seven.

Mr.

Boswick, read the consent agenda items into the record, please.

The first item is PLN-USC-2025-048.

The project is Greenbrier Costco.

The applicant owner is 1401 Greenbrier Parkway LLC.

Agency is civil engineering and construction services.

The proposal is a conditional use permit to construct and operate a motor vehicle fuel supply station and motor vehicle services center in association with the proposed Costco.

The location is 1401 Greenbrier Parkway and 1712 Ring Road in the Greenbrier Planning Area.

Based on the findings contained in the staff report, staff recommend that PLN-USC-2025-048 be approved with stipulations as listed in the official agenda.

The next consent item is number five, PLN-USC-2026-003.

The project is Liberty Defense Armory LLC.

The applicant is Stephen Taylor.

Owners are Steven and Rita Taylor.

The proposal is a conditional use permit to allow firearm sales and transfers as a level two home occupation.

The location is 3416 Douglas Road in the Southern Chesapeake planning area.

Based on the findings contained in the staff report, staff recommend that PLN-USE-2026-003 be approved with stipulations as listed in the official agenda.

The last consent item is PLN-2232-2026-001.

The applicant is City of Chesapeake.

The proposal is a request to review to determine whether the following capital improvement projects are in accord with the Chesapeake 2045 comprehensive plan.

The first project is Hickory Yard Facility, CIP number 19-310.

The location is parcel 08600 1320 on Benefit Road east of the Chesapeake Expressway in the Southern Chesapeake planning area.

Project number two is the Deep Creek Multipurpose Community Center.

CIP project 35-310.

The location is 437, George Washington Highway South in the Grassfield Planning Area.

CIP number 14 310.

The location is 1200 Volvo Parkway and parcel number 028 000 000 1000 immediately north in the Greenbrier Plant Planning Area.

Based on the findings contained in the staff report, staff recommend that PLN 2232 2026 001 be approved as listed in the official agenda.

That concludes our consent items.

Secretary Malone, do we have any speakers for items on the consent agenda?

We do.

Please call the speakers for items on the consent agenda.

In support of agenda item number four, Mr.

Sam Baraki.

Remember that if you're speaking on the consent agenda, you have three minutes.

Mr.

Chairman, member of Planning Commission and staff.

My name is Sam Baracki.

My business address is 300 Cedar Lakes Drive in Chesapeake.

Tonight, this application for conditional use permit to allow the installation of tire and to allow a tire installation facility and gas fueling station as part of the proposed Costco in the Greenbrier Mall area.

Since the initial submittal of this application, we have worked with staff closely to improve the overall circulation and overall layout of the site.

Most notably the gas pump locations, as well as introducing quite a bit of landscaping within the sea of parking you see in the old Sears building.

This project represents far more than a retail redevelopment or development.

It's intent to serve as an anchor and a catalyst for future redevelopment of the Greenbrier Mall property and surrounding area in a matter consist with the vision adopted by city council and in the Greenbrier area plan.

As noted in the staff report, this proposal introduced a significant economic driver to the Greenbrier Mall site with a potential to unlock future redevelopment opportunity that are more consistent with a long-term vision for Greenbrier.

The proposed conditional use permit demonstrates several important merits.

First, it's revitalized and redevelop a prime but curr but currently an unutilized site within the city.

Second, the project significantly improved the site design by increased canopy coverage and landscaping in what's now a sea of parking.

Third, Costco will serve as a major regional destination and economic generator that will bring new investment visitor and activity to the area.

Thank you.

Next speaker.

In support of agenda item number four, Ms.

Helene Sharp.

Hi, my name is Helen Sharp and I live at 3117 Lakewood Road, Glen Allen, Virginia.

And the reason why I'm here talking to you all is that my mom and I own a small business in the Greenborough Mall Family LLC.

And what we've noticed over the past few years is that we've not had a lot of customers.

I mean we see them all that's really dying out, but what could happen is the anchor store like Costco coming in and bringing in people from not only from Chesapeake but from South from North Carolina and have those people again explore the mall, really get to walk around and visit all the small businesses.

So again, we are in favor of the Costco, and with the store being right next to this year's entrance, my mom has noticed there's actually a tire center where Sears used to operate out of.

So you're not even changing the infrastructure itself.

You have the parking, you're able to bring in the gas pumps.

I mean, it's a no-brainer.

I think Chesapeake deserves to be better than Virginia Beach and have a Costco.

Thank you.

Thank you.

Next speaker in support of agenda item number four, Ms.

Vic Nichols.

Vic Nichols, 1124 Millet quarter, that's in Greenbrier.

Um, I can tell you right now, the instant the rumor started about Costco, uh social media went berserk.

Okay, we really really really want this, and we don't just want the Costco, we want the whole thing.

The tire center, we want the gas stations, we want the whole thing.

People were so excited.

This is the first time I've seen people excited, and I don't know when.

You know, I've lived here uh what, 27, 28 years in the Greenbrier area.

So you know, hey, this is something we want.

This is something that obviously people are talking about not just in here, but other people have complained so much about Norfolk that they were sitting there going, we will come over here because the parking sucks there, this sucks there, this is right off the interstate.

Guys, this is a you know, a truly big deal that is gonna help the small businesses in there and it really will light up the place, especially being able to have gas.

And the other thing is, believe it or not, with that tire center that's gonna give a little bit of competition to right around the side there, and that means better prices for us.

We could definitely use the competition.

Thank you.

Thank you.

Next speaker in support of agenda item five, Mr.

Steven Taylor.

Thank you.

Next speaker.

In support of agenda item number five, Ms.

Vic Nichols.

Sorry.

I didn't know she was under 20s.

It was gonna be that quick, I would have had you stand up, Ms.

Nichols, so apologize for that.

Maybe I can come over and let you know what this feels like.

Um I am so very tickled to see that we're going to be able to have something that supports to a here.

Um I know a number of people would just love to see this because we've had a couple of places.

They're small places, you get to know the people there, you get to know the people that you buy guns from that you can work with, and this is a great thing.

The only concern that I had, um, and this will probably give you all a good one, but is one customer at a time.

Um, hey, you know what, guys?

Um, for the most part, every woman I know does not go to a gun store by themselves.

Okay, it's like the bathroom.

We don't go by ourselves, we don't go to a gun store by ourselves either.

Okay, we want to drag along somebody, usually male or whatever, might not be a family member or whatever.

But you know, in my case, if you're saying only one customer, and I want to bring John and Mac, you know, they like different guns than what I do.

So they're gonna sit there and say, okay, you know, hey, while we're there, you're showing us you know, you like the 357 P pew's.

Maybe I like the 1911s, and I want to take a look at that.

So I wanted to see if there's any possibility.

Um, you know, I'm not talking an overload of four ten people or whatever, but the one person may be going to two customers or something, just another one or two, you know, so that if you have a couple of people I've seen guys a lot of times there's two and three of them that come together is that they can go ahead and shop at the same time so that you kind of get that you know like I said a regular shopping deal but it's not an overload so that's the only question I wanted to see if y'all could take a look at and maybe talk about but thanks a lot appreciate it thank you next speaker that concludes the speakers that concludes the speakers thank you all right uh is there any discussion for these items and I I will make one point of clarification that on the stipulations for the for the um for defense armory um it is one individual or it is a family uh so there could be more than one person if it's a family so just to clear that up um all right a motion is in order for the approval of the consent agenda with the applicable stipulations or proffers as read into the record by Mr.

Boswick so move second all right we have a motion by Secretary Malone and a second by Commissioner Sproul uh commission please prepare to vote please vote and Mr.

Boswick please record the vote by a vote of nine to zero the motion carries thank you next order of business is the regular public hearing agenda each speaker will have three minutes to present comments to the commission.

Mr.

Boswick please present the first public hearing item the item is pln-re z2025-015 the project is great hope baptist church applicant owners Great Hope Baptist Church Corporation agency is augered your associates the proposal is a conditional zoning reclassification of approximately 14 acres from A1 agricultural B1 business district and R15s residential district to AC assembly center district the location is 1401 Battlefield Boulevard South in the Great Bridge planning area.

Ms Peebles will now present staff's findings staff offers the following findings the proposed rezoning is not consistent with the 2050 trails plan that identifies a 10 foot wide separated multi-use path facility along Battlefield Boulevard South the proposed tree zoning does not achieve city council's desired outcome of improving non-motorized connectivity based on the analysis found in this report and the findings staff recommends denial of the proposed tree zoning.

Secretary Malone please call the speakers for the item on this uh on the regular agenda in support of agenda item number one Mr.

Jack Claude um I work at Harker Jordan Associates and one of our clients is now a Great Hope Baptist church so just to kind of give you a rundown on where we are on this project the church came to us a couple years ago and wanted to look at the improvements that they could do to the school to the church and we started kind of tossing things around ideas.

And so it's just there's a hodgepodge of ideas and being a church it's not the easiest thing to get the best idea to the front we've been working on that but through that process we noticed that over the years and this church has been there since 1963.

Um I think the city's been here since 63.

I've been here since 62.

Um just through the years, there's been a hodgepodge of zoning.

However, it happened, it was accidental.

But at this time, we'd like to go ahead and clean up just the zoning.

We're not proposing a spoonful of of construction.

We will be back to you shortly as soon as we can figure out what we want to do and in what phase.

We would just like to go ahead and and spend our time wisely now up front.

So we'd like to to get the whole property zone correctly to AC, which I always call all churches.

Um it seems to fit well, and uh I think uh we're we're tickled to death working with staff.

Everybody's been cordial, very helpful.

Um, the only thing that we're standing out on right now is the transportation plan calls for the trail that goes down Battlefield Boulevard to be across the street from us.

Um, I understand that might be in error.

There's if you look up and down the road from us, all our neighbors are not set up for the trail to be able to come through there.

So, what we would hate to do is put a trail on our side and then find out it's supposed to be on the other side of the road of battlefield, or we would hate to build this trail and then wait 20 25 years for somebody else to come and build to connect up to it.

So, as we're going through our process on construction, um, should things change with regard to that trail being necessary in our front yard, then we'll be more than happy to talk about that at that time.

Um we just don't want to put a proffer in to do it in correctly now.

So if you have any questions, I'll be more than happy to answer them.

Thank you.

Next speaker.

In support of agenda item number one, Mr.

Brian Wilson.

Good evening, everyone.

Uh my name is Brian Wilson, address 1401, Battlefield Boulevard South Chesapeake 23322.

I'm a member of and the treasurer for Great Hope Baptist Church, and I'm representing the church here tonight.

And um we appreciate uh staff and the work that they've done educating us on this process and appreciate Jack and the work that he's done.

And I'm not gonna rehash uh everything that Jack said.

Um I will say uh that Pastor Godfrey, our pastor was gonna be here tonight uh in support and speak in support of this, but he would had a previous uh commitment out of town, and uh so he's uh unfortunately not able to be here, but uh we would um as Jack said we do have some things, some ideas that we're floating around uh for improvements on our property uh to help us uh with some growth that we've experienced, and um in order to do that, we had met with the city uh a while back uh what a year and a half ago or so uh to get their um input on it and they had um requested that we rezone, and that's exactly what we're trying to do here tonight, is um uh go ahead and uh start the process and get the process moving to rezone so that we can then um solidify our ideas for improvements and um and then move forward uh with whatever those improvements may be as uh finances allow.

And um, that's uh pretty much all I have to say.

I appreciate you guys uh time and effort on this.

Thank you.

Thank you.

Next speaker that concludes the speakers for agenda one, agenda item one.

All right, this time is there any discussion for this item?

Mr.

Chair, I have one question for staff.

Absolutely.

Um, and I apologize for not asking this earlier.

It it just occurs to me.

Would rezoning it like this open us up to building residential for faith and housing on that property.

It may be already uh based on the legislation.

I don't have it in front of me right now, but the RV may be eligible for that.

Okay, so this wouldn't probably change that.

Probably not.

Thank you.

Other questions?

Um, I I do have one question.

Um we talked a little bit about the connectivity in the trails, and I think what I heard um was saying that it's on one side of a battlefield boulevard, but we're talking about this going on the other side.

So can you clear that up?

Is this gonna be one piece where it runs down one side and and it would come?

Um, because I think if that's wrong, then I I would like the fact of the connectivity knowing that it's going to be on that side.

Could you clear that up?

Yeah, so the the east side of Battlefield Boulevard is where the multi-use path is is planned to to be located.

So the other side would be just the sidewalk, but on this side we'd be looking at the multi-use path.

So that would be the side that the church property is actually on that is correct.

Okay.

All right.

Is there any other discussion?

All right.

Hearing none, a uh motion is in order.

Uh the staff recommendation is for the now.

So if there is a motion, uh you need to make sure that I think we've already talked with Mr.

Titer.

Just make sure that it's appropriately worded.

Mr.

Chair.

Ms.

Vice Chair.

Thank you.

I move to approve public hearing item one, PLN-REZ-2025-015 with recommended proffers.

Great Hope Great Hope Baptist Church, because this proposal is consistent with the comprehensive plan designation of low scale neighborhood.

It serves as an important buffer between adjacent character districts and the submitted proffers sufficiently mitigate the impacts from this rezoning.

Alright, do we have a second?

I'll second.

All right.

We have a motion by Vice Chair Esquelia and a second by Commissioner Gilman to approve.

So remember for this vote, green means that you are approving the application.

Um commissioners prepare to vote.

Please vote.

Mr.

Boswick, please record the vote.

By a vote of nine to zero, the motion carries.

Mr.

Boswick, please present the next public uh hearing item.

One second, please.

The next item is item number three, PLN-USC-2025-034.

The project is Bedford Contractor Storage Yard.

Applicant owner is Bedford Street LLC.

Agency is civil engineering and construction services.

The proposal is a conditional use permit for a contractor storage yard.

The location is 1032 Bedford Street in the southern Chesapeake planning area.

Mr.

Hannigan will now present staff's findings.

Thank you, Mr.

Boswick.

Staff offers the following findings.

As stipulated, the proposed use is consistent with the 2045 comprehensive plan as it meets the intent and performance standards of the Fentress character district and with appropriate stipulations and mitigation measures will be compatible with the surrounding rural properties.

The proposed conditional use supports city council's desired outcomes for economic prosperity by expanding the non-residential tax base.

And the proposed conditional use is consistent with the comprehensive plan policies and the Finterest Airfield Overlay District, which governs land uses in close proximity to military operations, as it avoids intensifying residential development and density and incorporates appropriate mitigation measures to reduce the potential land use conflicts.

It is also compliant with the terms and restrictions set forth in the recorded grant of easement with the Navy.

So as such, staff is recommending approval with the stipulations found in the staff report.

All right, thank you.

Speaking in support of agenda item three, Mr.

Sam Baraki.

And please remember on this, whether you're speaking in support or opposition, you will have three minutes.

And please state your name and address when you approach.

Mr.

Chairman, member of Planning Commission, and staff.

My name is Sam Baraki.

My business address is 300 Cedar Lake Drive in Chesapeake.

This application before you tonight is for conditional use permit to allow a general contract or lay down yard on the subject property.

The property has been utilized by the owner for the past 19 years, since 2009, I believe he bought the property and he's using it as a contractory order.

A notice of violation was issued to him last year for not filing conditional use permit.

He was unaware that a conditional use permit is needed since he's and he's been using the property for the past as I mentioned 19 years.

So he hired us to apply for a conditional use permit, and we applied as soon as the notice came in, and we've been working with staff in order to locate the buffer required along uh the streets, along the neighbors, and we submitted to the Navy.

The Navy has reviewed the application, and they could they said it's inconsistent with the restriction of the uh uh easement over the property.

In addition, the proposed use is really relatively low intensity in nature, it does not involve any major traffic.

He only have about eight trucks during the day.

They come in in the morning, I mean they leave in the morning, come in the afternoon.

It's a lay-down yard.

There is no office, no customers coming in, nothing to other than bring in equipment, leave the equipment, and leave the his guys go to work and come back in the afternoon.

Given the limited activity of the project, traffic volume is not expected uh to alter the existing roadway conditions or significantly impact the surrounding rural uh transportation network.

The proposed conditional use permit will also bring in the property into compliance with the new with with the code with the required setback, uh which is 150 feet from the street.

Also bring in with uh uh adding a landscape buffer along Bedford Street, will enhance all this will enhance the capability compatibility with the adjacent property.

The proposed use is not anticipated to generate any more noise, glare, or visual impact than other use currently permitted within the A1 zone.

Based on all of this, we respectfully request you give us a recommendation for approval to city council, and I will stand by to answer the question.

Thank you.

Thank you.

Next speaker, in opposition, but available for questions only.

Mr.

Alan Kiefer.

Next to Ronald.

I'm gonna read the digits, Mr.

Ronald Holstrom, Mr.

Hezekiah Demonsky, Demowski, and Mr.

Brent Delagrange.

All right, next speaker.

In opposition of agenda item number three, Mr.

Ronald Kiefer.

Or Keffer.

Okay.

That'd be fine.

Just make sure you turn it on and it should light green.

Uh my name is Ronald Keffer.

Um, I currently live at 408 Wanger Road in Chesapeake, Virginia.

Um, like many of the people here behind me, I grew up on Bedford Street, and uh one of my earliest memories and favorite memories is when my grandpa Keffer would come and take us on bike rides down Bedford Street.

We would go down Bedford, down uh Blue Ridge Road, all the way to Carter and then to Lockheed.

And I remember the corn standing up on both sides, and we never ever thought about a truck or a trailer coming down that road, speeding, and and possibly hitting somebody.

Never crossed our minds.

Maybe it crossed Grandpa's, I don't know.

Um driving through there the other day.

I met a truck pulling a trailer, heavy, heavy equipment, and I had to pull over because he certainly wasn't giving me any room.

And as I pulled over and watched him in my mirror, he hit one of the many potholes on that road, and I watched that trailer and that equipment bounce left to right.

And my first thought was he's not paying for the maintenance on that equipment, is he?

But uh not long after that, my girls were at their grandparents' house on Bedford Street, and my oldest daughter, so they went for a bike ride.

It terrified me to think that they're on that road with those trucks coming in and out of there.

They spoke about how there's only nine trucks coming in and out of there.

I challenge each and every one of you to come back there and and watch the and count the trucks that come through there on a daily basis.

Um the other thing I spoke about my grandfather.

There's a lot of people back here that they're a little bit older than me, but I'm sure they have stories of their grandfathers in this same community.

This is not a community that was built last year, it's not a new development.

This community's been there for generations, and I know they spoke about Fentress Airfield and their plans and their idea of turning this into an industrial area so they don't have to deal with people.

But this community has been here for a very long time generations, long before Fentress Airfield ever existed.

So I challenge you all.

I please consider that when you're making this decision driving down there now, it feels like death by a thousand cuts as I watch it, just the solar panels, the industrialization of it.

Um, it really feels like death by a thousand cuts.

Thank you.

Thank you.

Next speaker.

Speaking in opposition of agenda item number three, Ms.

Judy Leader.

Okay.

I'm Judy Leader.

I live at 724 Bedford Street.

I want to thank you all for allowing us Bedford neighbors to express our concerns on the businesses that are coming to Bedford Street and those that are already established.

Uh I've lived on Bedford Street most of my life, just like Ronnie.

I grew up next to Ronnie, and uh he was a little boy, and you know he's grown up to be a big man and has his own children.

Uh I just want to say that I oppose the proposed use permit to 2025-034 for 1032 Bedford Street as a storage yard, which is already adding more traffic with their five to eight dump trucks that go up and down the road.

What I would like to highlight is that Bedford Street is only accessible from Maxwell Street or Blue Ridge Road.

Additionally, Bedford itself is not wide enough for dump trucks, semi-tractor trailers that come, tree service trucks, all the mulching trucks that go back and forth all day long, and then we have customer traffic as well.

And so we're trying to.

I drive on that road all the time.

So my car has to pull over, just like Ronnie said, we have to pull over almost into the ditch for these big semi-trucks to you know pass us, and um it's quite aggravating.

Uh in fact, Bedford Street and Maxwell Street do not even qualify to have any white or yellow lines designating the middle or the edges of the road.

Can you imagine it's just an old country road?

Elbow Road, which is now under construction, has both yellow and white lines, but is considered so narrow and dangerous that no truck signs were posted at both ends of the road.

So I would like to ask my neighbors and the audience here a question.

Those who oppose this proposed use permit 2025-034, could you please stand or raise your hands?

So on this one, you don't have to raise your hand.

It's just you addressing us.

Okay.

Well, then, I respectfully ask that you do not allow this item to be continued and that you deny it.

I would also ask that you would come out and look at our street, Maxwell and Bedford Street, just to see for yourself that it is not adequate to support repeated heavy truck traffic.

And I also asked what do we, lifelong residents of Maxwell and Bedford, get out of all these businesses moving in and taking over our roads?

We get more potholes, we get more traffic, we get more mailboxes being taken out, no grandkids riding bikes to grandma's house.

To me, that's just so sad.

I'm not against Chesapeake growing.

I just don't want it to grow on Bedford Street.

Thank you very much.

Thank you.

Next speaker.

Speaking in opposition of agenda item number three, Ms.

Grayson Whirley.

Good evening.

My name is Grayson Whirley, and I am 17 years old.

I live at 728 Bedford Street, which is in a small back road neighborhood where my family has lived for generations.

My mom, grandma, and great parents have all lived here, and now my generation is growing up here too.

It is more than just a road to us, it is our home, our community, and part of our family history.

I am here tonight to express concern about the proposal proposed storage yard and to speak on behalf of the younger generation growing up here.

Our road is already struggling with the amount of traffic it currently handles.

It is a narrow and and burdened with oversight vehicles.

A storage yard means more of that, and our road was not designed to support that type of traffic.

As a new driver, I can personally say how intimidating it already is to feel it feels to pass a large dump truck and tractor trailers on our road.

There is very little room for error with not much shoulder, allowing more heavy truck traffic to only increase the chances of serious accidents.

Children used to be able to ride bikes down the road, and we could safely walk without constantly worrying about speeding vehicles and large trucks.

I live in a stretch of the road that is around a curve, and many people accelerate as if it were a racetrack, often going double the speed limit by the time they reach my house, which is less than a quarter of a mile from the curve.

We should not have to sacrifice the safety of our family for more commercial expansion.

Our neighborhood is not an industrial zone, it's where children grow up, families live, and people are lifelong residents.

So I ask you tonight to please consider the people who call our neighborhood home.

The families, children, seniors, and young drivers like me who must navigate these roads.

Please protect our neighborhood before it is changed permanently.

Thank you.

Thank you.

Next speaker.

In opposition of agenda item number three, Ms.

Morgan Delagrange.

My name's Morgan Delagrange, uh 536 Maxwell Street.

I'm a fourth generation resident of Chesapeake.

My husband is a sixth generation resident.

Our families have lived in, contributed to, and love Chesapeake since it was Norfolk County.

However, the difference between my husband and I is that all of his generations have lived in the Bedford Street neighborhood.

So including our kids, that's seven generations.

And I think we can all agree that that's rare, right?

Trick question, that's wrong.

Most of my neighbors have similar stories.

Second, third, and fourth generations back here.

Um nearly every family on this street has chosen to stay or managed a way to get back.

My point is that this place is special and it's being destroyed.

And I'm not using that word dramatically.

Like Judy said, Maxwell, Bedford, and Blue Ridge are just narrow, paved over country paths that they don't qualify for the lines, like she said, but they are used constantly as a connector for two of Chesapeake's main arteries, Centerville Turnpike and Mount Pleasant Road.

These roads were not made for commercial use.

But let me be clear, we are not asking that you make the roads match the traffic.

We are just simply asking that you help us make sure the traffic matches the roads.

I was reading the staff report for tonight's specific application, and in the project proposal section, it assures that no more than eight vehicles would be in and out of this project, but I don't think staff is considering growth.

Let me tell you about a company called Robins Nursery and Landscaping.

They began their Bedford Street operation decades ago, a small quiet family business steadily growing year after year.

They have a page on their website documenting their growth, and their latest bullet point reads 2018, continued growth with another grinder, additional dump trucks, and ongoing equipment upgrades.

They're very proud of themselves, as they should be.

Very successful, a real American dream story.

But our neighborhood has paid a price for all of their success.

And if more companies get back here and explode the way that Robins has, just even in the last 10 years, we're going to need crossing guards just to visit our neighbors.

So, speaking of business explosions, there's another company, Cross Underground Development.

They're not currently operating on Bedford Street, but they already have approved permits and are currently breaking ground.

Since they've had their permits approved, I'd estimate that their company has grown by 30% or more.

And I think I'm being very reserved in that estimate.

They're going to cause severe deterioration of our roads and our safety.

Now, had Cross kept their public hearing signed up for the required amount of time, we might have made it to express our opposition then.

They caught us sleeping, and our neighborhood, our roads, and our way of life cannot afford for that to happen again.

I will also add that there's others with approved use permits who are not in full operation back here yet.

I also saw that staff recommended approval of this application.

Now I know that there's businesses back here mixed in our neighborhood, so on paper it looks like a fit, but this is not a commercial industry park with some houses.

It's a neighborhood with some businesses.

The majority of the businesses back here are owned and operated by people who also live here, have lived here.

They care for it and they respect it.

No one applying for these use permits will have to live with the repercussions of what they're asking for.

So while it might make sense on paper, our lives and our kids' lives are not lived on paper.

Please help us keep, please help keep all of us and our children who call this place home safe.

Thank you.

Next speaker.

In opposition of agenda item number three, Mr.

Dale Keffer.

Good evening to our honorable planning commission members.

My name is Dale Kepper and I reside at 62071 Drive, Chester Street, Virginia, 2332.

Commenting on proposed, I thought I did that, sorry.

Commenting on the proposed development of 1032 Bedford Street.

I grew up on the corner of Maxwell and Bedford Street in the community that will be affected by the proposed development of even more property within the community.

I have a vested interest in what happens in the community since my wife and I own 47 acres at 803 Bedford Street, which is also the address of our family-owned business.

The community on this stretch of road was established over 100 years ago.

It was and is truly an idyllic setting for children to grow up in.

We all went to the same church, the same school, and still today remains strong friends with each other.

Many of us are kinvogue and closely related with succeeding generations calling this community home.

I have a granddaughter and three great-grandchildren, the youngest of which is one week old today, residing at 801 Bedford Street, and her husband works in our family-owned business.

We have a grandson residing at 817 Bedford Street, who also works in our family-owned business.

Both of them walk about 300 feet to work.

To travel up and down Bedford and Maxwell Streets is not unlike traveling up and down the country roads and byways of the Amish country of Ohio and Pennsylvania, where there are farms, residential tracks, as well as family-owned businesses and endeavors.

Historically, these family-owned businesses have been a vibrant part of the community, primarily because we are the community and have deep roots and involvement with each other.

This is a different scenario than to have a commercial enterprise devoid of any community connection or involvement that will encompass nine acres and increase the heavy truck traffic on this narrow country road, causing the current residents to have great difficulty maintaining the historic community atmosphere.

Add on to that the fact that Cross Underground has already been approved for construction of a new business facility less than a quarter of a mile down the road, and judging from the number of vehicles that are parked daily at his present place of business, we can expect an additional 100 trips in and out of the community each working day, with the workers coming and going to work and driving the company trucks to and from the work sites each day.

Gone will be the ability for the 22 youngsters of Bedford Street to be able to safely walk and ride their bikes up and down the road, as well as the young mothers who push their toddlers up and down the road in their strollers.

The narrow and unstable road through the community is not suitable for that much traffic and will not hold up to it.

The pavement on the southwestern end of Bedford Street has been replaced a number of times just over the past few years because it doesn't hold up.

On the other end of the community, the shoulders of Maxwell Street have proven themselves to be no more capable of withstanding such an onslaught of trucks as the pavement has on the other end.

I am not asking anyone to create an idyllic community for the benefit of my dead of my descendants.

What I am asking for is that corporate greed not be allowed to rape this community and take away something that has been over 100 years in the making and can never be restored once it is overrun.

Sir, the three minutes you've hit.

And I'm done.

Thank you.

Next speaker.

In opposition of agenda item number three, Mr.

Keith Miller.

Good evening.

My name is Keith Miller from 821 Bedford Street, and thank you for the opportunity to speak.

Over the past few years, we've seen our community become industrialized one use permit at a time, bringing a steady increase in semi-trucks, dump trucks, pickup size trucks and trailers, and traffic of all types moving through the neighborhood.

Maxwell and Bedford Streets, of course, are narrow residential roads.

Local streets that were never designed to handle heavy industrial traffic.

The impacts are real.

Struck trucks struggle to pass each other and are often forced off the pavement.

Mailboxes are regularly damaged, and the roads deteriorate rapidly under weight loads they can't support for very long, leaving them in a constant state of repair.

Even more important are the safety concerns.

Several years ago, right in front of my own house, I personally witnessed a young boy riding his bicycle being clipped by a semi-truck, suffering a broken ankle.

More recently, a mother pushing a stroller was nearly struck by a truck and trailer driven by a distracted driver on his cell phone.

Examples that more industrial traffic will not just increase inconvenience but will increase safety hazards, especially for our families and children.

Additionally, the ingress egress onto Mount Pleasant Road is woefully inadequate for industrial-sized vehicles.

At Maxwell and Mount Pleasant, they cannot make the turns without taking up both lanes, often causing Mount Pleasant Road traffic to stop from both directions to allow egress.

And we've seen more than one big rig turning into Maxwell end up laid over in the ditch.

Beyond safety, this proposed project and others just like it are changing the character of our neighborhood.

What was once a quiet residential community is becoming increasingly defined by diesel noise, heavy equipment, and exhaust fumes.

Residents who have invested their lives here are seeing the quality of life steadily erode with each new project, decreasing property values and adding strain on infrastructure that was never divine designed for such high-impact use.

We're not opposed to business growth, but are asking that you keep high impact industrial activity in areas zoned and built to accommodate it rather than in an active residential community where families live, walk, cycle, and raise their children.

To protect the safety, the character, and the future of our community, we respectfully ask that you please deny this use permit.

Thank you for your time, your service and consideration, and we'd be happy to answer any questions.

Thank you.

Thank you.

Next speaker.

In our position of agenda item number three, Ms.

Amber Snook.

Good evening.

My name is Amber Snook.

I reside at 841 Bedford Street with my family.

Tonight I am here because the decision does not just affect land.

It affects the families who call this rural community home.

I respectfully oppose the use permit for this project because it excuse me.

Because it I apologize.

Have in a moment.

I respectfully oppose the use permit for this project because it poses a clear and measurable risk to the stability of our neighborhood property value and long-term economic health.

Many of us move to this area specifically because it offers something rare.

Space for our children to grow up safely, quiet evenings, and predictable rural community environment where families can put down roots.

The proposed use permit threatens that stability.

It brings increasing traffic, noise, and activity that simply does not fit the characteristics of our neighborhood.

Families look for safe, quiet places to raise their children.

They look elsewhere.

And when that happens, property values decline.

Not because of mass hysteria, because the market responds to uncertainty and incompatibility.

For the many of us, our homes are our biggest investment.

They represent many years of hard work, savings, and sacrifice.

Approving a use, approving a use permit, excuse me.

Approving a use that introduces commercial level impact into the rural district puts that investment at risk.

Market analysis showing the property value and our family stability will not decline.

Chesapeake zoning ordinances are very clear.

Special use must not harm the value or enjoyment of neighboring properties.

This proposed proposal does not meet the standards.

It is not compatible with the rural area.

Thank you.

Thank you.

Next speaker.

In opposition of agenda item number three, Ms.

Linda Miller.

My name is Linda Miller.

I live at 953 Bedford Street.

When the property at 1032 Bedford Street was purchased by the Sipes family, Bedford residents were delighted.

The thought of a new home being built there by a family, many in the neighborhood knew personally, had interacted with over the years, and a family who believed and shared in the many traditional values of the neighborhood that the neighborhood embraces.

There was a sense of relief.

But life happens and changes in the Sipes family dynamics changed.

But now, in place of a new home, we saw this beautiful piece of property that had been partially cleared for the home become a place where more large trucks and industrial clearing equipment has become yet another eyesore in the neighborhood.

Increased heavy industrial traffic on a narrow farm road continued to damage the road.

Most businesses on Bedford Street are those of the homeowners that live on Bedford Street.

Respect for our neighbors keep our businesses from becoming trashy and eyesores, and noise levels are kept at a minimum.

The spiritual values keep businesses from being open or doing business on Sunday.

We also desire the natural habitat for wildlife to be maintained.

Just this past week, a convocation of eagles landed in the field next door to me to feed.

There is an act, a government act.

Uh it's the bald and Golden eagle Protection act, and a major point of that act says, and I quote, disturb by interfering with normal breeding, feeding, or sheltering behavior.

Violation of the act can result in fines of 200,000 dollars for organizations and/or imprisonment.

A second violation of this act is a felony.

Unquote.

And my question is: has an environmental impact study been done for this area, the Bedford Street area?

So Mr.

Sipes is a friend to many, but the plans presented for the property are disappointing to say the least.

We do not want our neighborhood turned into an industrial compound.

Please, please help us maintain a place where nature can thrive and be protected, but most of all, where traditional values can be embraced, maintained, and enjoyed.

We ask with deep respect to this commission and in great humility.

Please deny the use permit request presented.

Thank you.

Thank you.

Next speaker, no other speakers for agenda item three.

All right, at this time, is there any discussion for this item?

Commissioner Spro.

Sir, I said you're a challenge.

I'd at liberty to uh go down that street today.

It was very, very busy.

Uh is is paved.

And um I met a really nice gentleman, Mr.

Roberts, uh Mark Roberts, and uh I ventured on his property by mistake, but um he was very nice, and um that street, I want to know my child play on that street, not at all, and it's extremely narrow and tight, and it's extremely uncomfortable to drive down.

I support each and every one of you, and uh, just for a little while, Mr.

Robins, thank you, sir.

Thank you very much.

I appreciate you, sir.

And with that being said, I'm I can't approve that.

I support, I support you, I support you.

That's all I want to say, Secretary Malone.

I have a question for Mr.

Baraki.

Yes, sir, good good evening again.

Uh, given that the owner has um ventured down the conditional use process before, are there any elements from the original conditional use application that are repeats on this one?

I in my uh I don't think the owner has ever applied for conditional use permit before.

He didn't know a conditional use permit was required to operate his business, and he's been he's been there, like I mentioned for about almost 19 years.

So he's been a good neighbor, and uh all what I could say.

Okay, thank you, sir.

Yes, Commissioner How a couple of observations.

I've been up and down Bedford Street and Maxwell Street more than a couple times over the past week and a half in doing so.

I have uh looked up and found that there is agricultural zoning, residential zoning, light industrial zoning, rural commercial, and utility zoning on Bedford Street.

I found the Bedford Machine Shop, Emmerlin Construction Company, GC contracting, which appears from what I could tell to be a cabinet company, coastal door supply, over on that's on Maxwell Street, and over on Bedford Street.

I also saw an electrical contractor, uh 400 uh Maxwell was a wholesale door company.

The corridor itself, this is a pattern that predates modern subdivision zoning, from what I could tell.

Um but I'm curious.

I gotta, I guess, uh, Mr.

Brocky, can I ask you a question, please, sir?

As I drove over there, I was initially confused because the GPS took me to where I thought would be the front, and I'm wondering where is the sign announcing this meeting tonight?

Well, I found it about 300 feet down the road.

The property is 10 acres, it's wide, and I think there was two sign placed, and we have pictures of the signs.

Uh, the owner placed the signs on the property, and uh we I I believe the pictures were uploaded.

Okay.

Well, given the signs purposes, the actual notice of the meeting tonight.

I think with the attendance we have here that the actual notice has been accomplished.

There's a proffer in there that this would only be used by the owner.

Um in one of the letters of opposition I read, it was brought to my attention.

I don't know if this is accurate or not, but that it's currently rented to somebody else.

Do you know if the person who owns this piece of property does he operate from there or is it rented out to somebody?

My understanding is uh the uh person who owns the property uh operate the business there.

Okay, that's my understanding, but I could be wrong.

Well um I'm not I I was told the owner oper is gonna operate the business out of there, but I could be wrong.

I don't know.

I'm not aware.

Is the owner here tonight?

Uh the uh the owner uh one of the owners here, the other owners, which uh unfortunately he's in the hospital.

He was supposed to be here tonight, but he's in the hospital.

Mr.

Horton uh is in the hospital uh tonight.

Uh he was he he was hospitalized this past weekend and he's still in the hospital.

Will the owner uh agree to and promptly place the uh large partition barrier around the property shielding the view that I saw and that everybody sees when they go back and forth?

Part of the part of the part of the condition of this application is a landscape buffer is gonna be installed around the property, and the existing large trees will maintain and there would be a fence uh around the equipment and the storage yard.

So in short order, it'll look dramatically different than substantially different than what we see today, right?

That's correct.

Okay, thank you.

Yes, sir.

One more thing, sir.

I took the liberty today to one second.

Done?

I'm done, yeah.

Okay, Commissioner School.

And I did take the liberty to look for the signs, and I saw two green poles up but no sign.

I haven't walked on a yard, and the grass is extremely high, and I look for the permit.

I'm like, so what you're saying doesn't match what what my eyes saw.

And uh but maybe it can owner or his partner can give some clarification.

Um the sign could be knocked down by wind or what have you, but they were in unfortunately.

I walked that property today, sir.

And um, uh high grass, only thing was up with it, was two green poles.

But anything could happen, anything happened, but that that is not what I saw today.

Yeah, uh I I uh all what I tell you is when the signs were posted, I have taken pictures of the signs, and they uh the pictures were uploaded.

What happened since then?

I don't know what happened to the sign.

I can't I saw for myself.

They could have been, yes, I mean, twin could knock the signs down.

I don't I don't think we somebody somebody knocked the signs down, but anyway, I don't know.

All right, thank you, sir.

I appreciate it.

Yes, sir.

Any other questions?

Just one.

Mr.

Baraki.

Yes, sir.

Um there was a gentleman uh that spoke earlier this evening and he uh mentioned that there were hundreds of trucks.

Uh um back and forth for hundreds of trips.

Um now you've mentioned that there are eight trucks on site.

Can you can you address that concern, please?

That's uh the uh hundreds of trucks could not be from the site.

The owner, from what I I was told, they have eight employees, eight vehicles come in and eight vehicle leaves.

Those they there is like uh one of the speakers in opposition mentioned there is a mulching yard down the road or across it's a landscaping services, and they have a lot of trucks.

So I don't know if they taught the trucks they talking about is from this site or from the site across the street.

I can't answer that question.

So not all attributed to your site.

No, sir.

Thank you, sir.

Yes, sir.

Commissioner Williams.

Sir Sir, could I ask you to step?

Yes, sir, please.

I apologize.

I can't remember everybody's names.

It's all right.

My name is Dale Keffer.

Yeah.

Mr.

Kafer.

Um, excluding the vehicles, large vehicles that are on the on this site in question.

It sounds like you've lived in the community for a long time and you you've been a resident for a long time.

Are there other large vehicles in question that we just brought up?

They're coming from other businesses that generate large amounts of traffic on that road.

Well, let me let me clarify something that I said I think may have come up just a moment ago.

I mentioned that um with the addition of Cross Underground, he's not there yet, but he's coming.

He's already been approved.

And with the number of vehicles that are on his yard every day coming and going, there will be at least a hundred more trips in and out, with all the people coming to and from work, driving vehicles out to the jobs and back, and though those vehicles are big.

I don't know how many he has, but the hundred trips that I referred to was everybody coming in and out.

That's that's just an awful lot.

Um I guess my it sounds like your answer in part, but is there any of the other businesses that are on Bedford Street have large have large uh fleets of vehicles as well already?

Can you help me out?

Robinson Yeah, Robin do it, that's right.

The only person that can address it is who the commissioners actually asking questions.

Okay.

Even though I I'm on that road every day because we have an office right there too with waterway plumbing.

I noticed that uh whoever it was was you you were the one that mentioned it that you saw the different businesses that are there on the road.

Well, our place of business is right across from the electrical economy, but we have no sign because we don't have all we don't have any traffic coming in and out except our own workers.

And as I mentioned, two of them go on foot, so that helps.

Um, yeah, but the Robins would have big trucks, and um there's also a pool guy that I don't know what he has.

Um but yeah, I'm sorry, I don't have a real good answer for you.

You're fine, sir.

Uh I didn't mean to put you on the spot, but I was trying to isolate your the remark about how many other vehicles that are there present that in in multiple businesses that even your own that potentially generate traffic that equals that to your estimate of a hundred via uh, yeah.

Well, uh i in the business that we run back here, we don't have uh like dump trucks, trailer trucks, we don't have that.

We do have some larger trucks that come in sometimes to deliver some things, but it's not like they're running in and out at a very frequent rate at all.

Um I assume there would be some others that would have the same thing, but the big offender would be Robins, and while you you're talking about eight dump trucks, it's been my experience uh with things like this that once he goes through, there's no way to put a handle or a limit on how many trucks he winds up with.

That's been true with Robins.

Robin started off small, and now he's huge.

And uh frankly, it's not even the big dump trucks about Robin's operation that scare me.

It's the landscaping trailers that they pull behind the pickups, those guys don't seem to care about anything, and the trailer sticks out about that far on each side of the pickup.

When they come down the road, you gotta get over on the grass, or you'll get clipped.

Anyway, that's a long answer for a short question.

No, that was very thorough.

Appreciate it, sir.

All right.

Ma'am, would you mind stepping up?

Yes, ma'am.

I I offer I'm sorry.

That's okay, no problem.

Um, I would offer a sim do you have a similar estimate that the gentleman said about other businesses.

And also, we own, we live and own Emerald uh we we started colonial Barnes, that is our business, which is now Emerald Sheds.

So we get the large delivery trucks from uh for lumber and for shingle purposes.

We get large delivery trucks there as well.

But we've been there for since 1979 is when we started our business.

It's the addition to all of the uh the landscaping trucks that come and deliver the logs to uh Mr.

Robbins and then they are there to purchase the mulch to take out to their uh job sites.

That generates a huge ton of traffic on the road, especially in the spring and the fall.

It is just constant out there.

Um, yes.

Any other questions?

No, thank you, man.

That that was helpful.

Thank you.

Uh sir.

Could I ask you, you you don't even need to get it.

Does is the laydown yard?

Do they serve that did I hear something correct?

They have mulch they do with sir.

This is a contract of yard.

This is completely different than Robin.

Robinson actually out of process.

Right.

This site is going to be all.

But there's no mulch or none of these deliveries or any of that kind of stuff you're talking about.

Okay.

Okay, um, thank you.

Mr.

Williams, any other uh commissioner, I ref.

Commissioner Howard?

Yes.

Um, I don't know who to ask this to, but um I'm reminded of something else that I saw in one of the mails, uh, emails that I received, and I verified this when I drove by.

And you just oh you just reminded me with the mulch conversation.

I looked over and I thought what I saw was on 1032 Bedford, a large pile of mulch, but on closer inspection, it looks like it's dirt, a very large pile of dirt.

Um, is there anybody uh Mr.

Brocky?

Can you explain what that might be?

That large pile of is it mulch or is it dirt or apparently it's material uh Mr.

Brock, can you step up to the mic?

Thank you.

Apparently it's uh material they use different, it's uh mainly dirt material they uh collected from different jobs or use at different jobs is dirt, it's not mulch.

Is there any any uh possibility that there could be anything in that leaching into the coastal?

Mostly well water back there, right?

Yes.

I I uh I mean it's it's mainly you know, material like soil dirt, and that's what apparently it is from what I wasn't told.

One of the items that I read, um, the tenant was confronted with you know you're supposed to have a use permit to do this, and their reply was that's the owner's problem.

So I want to confirm that there is not a tenant there that the actual owners are operating from that location.

My understanding is uh the currently the property is leased is uh somebody uh renting the property currently, but the property was operated by the owner, and the property will continue will be operated by the owner.

Okay, so the lease will be terminated in short order?

Uh that's my understanding, okay.

All right.

Thank you.

Thank you.

Commissioner Gilman.

Mr.

Tetter, I'm this might be directed for you.

Staff's recommendation with the stipulations is that the conditional use permit is limited to the applicant's owners.

So if there truly is a lease on this property and somebody else is running that business, if we approve this tonight or move this forward, it does not apply to the lease holder.

It would only apply to the owner of the property.

Is that accurate?

Correct.

As stipulated, the applicant owner, so the owner of the property and the applicant for these for this use permit is Bedford Street LLC.

That would be the only entity for whom this use would be approved.

And if there was a change in ownership or a change in operation, they would have to come back and get their own use permit for something like this.

Thank you.

Any other questions?

Commissioner Williams?

Mr.

Tetter.

I I did just help me out.

I didn't go to law school.

So if we approved of this, it would only be for the person there.

He would not be able to lease it to anybody else to do any other type of lay down yard or mulch yard or yard yard or whatever, right?

Correct.

So if they had a lease in place, and at least so if we passed it tonight, they would have to wait for that lease to run out, potentially.

Potentially, depending on what the lease would say, they might need to terminate that lease early.

Mind you, if the conditional use permit is ultimately approved by council, that doesn't necessarily mean that the use would start immediately or that this company would take effect immediately in operating that use, they would have a period of time to do so before it would expire for lack of movement on it.

Given the circumstances that led to the application, I think it's very likely it would happen quickly, but uh yeah it goes back to the ownership of the property and who would be allowed to engage in this use on this property.

Thank you.

Uh one question.

I thought it was one second.

I'm sorry.

All right.

Um Vice Chair Squalia.

Thank you, Mr.

Chair.

I have some questions for Mr.

Baraki, please.

Mr.

Baraki, with all respect, and um, I don't mean to put you on the spot, but it I I feel like there may have been a discrepancy, and I want to clear it up.

Um I think the first time you were up you were asked was it rented, was the property rented, and that you answered no to your best of your knowledge that it wasn't.

And what I think I heard you say was that the property owner had owned it for something like 19 years and has been operating there, this business essentially all of this time, and that property owner has eight trucks and that his business doesn't expect to grow and all and and what have you.

And then what I think I heard you say just a moment ago is that you understand that there is a tenant renting it.

And so what I'm trying to understand is a who's running the business there right now, and if we were just given the explanation that nothing's gonna change because it's been going like this for all this time, how could that not change if the property owner is now gonna take over and run a completely different business there?

Well, thank you for the question.

Let me ask you.

Let me tell you, uh, I just confirmed with with one of the owners, which is sitting next to me.

I just confirmed if he has a tenant.

My understanding they didn't originally.

I didn't I didn't realize they had, and I just asked if they had a tenant and they said yes.

And the tenant only have six trucks rather than eight.

So there is a tenant currently, but my understanding, and that's one of the stipulation of the conditional use permit, and this is how we applied for the conditional use permit that it is owner operation business, and they're gonna open the owner will operate the business.

So I did not realize they had a tenant.

I just confirmed earlier, and that's why I made the correction.

Then there is currently a tenant.

Yeah, please.

Could you get me to the point then where it's gonna be the same exact business?

It's gonna be the same exact trucks, it's gonna be the same exact everything with a contract with the city or something like this that's happening with a pile of dirt, and somehow or another it magically becomes two different LLCs?

The conditional use permit is for a contractor yard.

It's where they store their equipment, and it's a contractor yard, and it's gonna remain the owner is a contractor.

Is a general contractor, and that's what his business is.

And that's what the uh the the is they're gonna continue that operation as a contractor yard.

Is the business gonna grow?

I uh he's been there for nineteen years, and he's he the maximum he had since he was there, I was just told he had 10 trucks.

Now the existing people who are using the yard, I was told they have six trucks, so it is down now.

The owner, but is gonna take the the property back from what I understand, and they're gonna operate the business.

Do we know when that lease date is end date?

I I don't have a copy of the lease, and I can't, I don't want to speculate.

Thank you very much.

I appreciate it.

Yes, ma'am.

Uh Commissioner Sprole.

It seems to be a lot of misunderstanding.

Uh the citizens.

Maybe they may be misled in uh some misunderstandings.

Um clarity would be nice, but Sunday, there's another person leasing this out because the owner is been hospitalized.

Hopefully, he'll he'll he will do well.

But um I don't think the citizen need to be misled or no misunderstanding at this particular point in his game.

Um, and when I went there today, I saw dirt.

So the question is, is there a misunderstanding?

The only misunderstanding is when the question was asked of me if the property is lease, and I I didn't realize the property was lease.

I was not told as an agent the property was leased.

And I confirmed with one of the owners who's sitting next to me, and he said currently the property is leased for a general contractor as well.

So, but they the way the application has been submitted is for owner operation.

The owner of the property will operate the business or will operate the yard and continue operating the yard, and that's if that's the misunderstanding, I apologize.

I didn't have all the information I confirm, and I that's why I made the correction.

Thank you, sir.

Yes, sir.

All right.

Uh Commissioner Taylor.

My question is even though the owner is gonna operate it, is he planning on operating it along with another contractor if he if he remains to be sick or is he gonna uh is he planning on bringing someone else in, being at the ASIC or I I know the extent of his I don't know the extent of his health or his sickness.

I don't know.

All what I find out when today I communicated with him and he told me he was hospitalized on Saturday.

He was trying to get out.

The doctor did not release him today from the hospital.

He's hoping to get out apparently I don't know what the extent of his uh conditions, but apparently he was trying to get out of the hospital today.

They the doctor refused to release him, so hopefully he'll be out here shortly.

And so my question is is it in his plans to bring someone else in if that if he's not able to do it?

I really I really can't answer that question.

The reason I'm asking is because if he has six trucks now and he brings someone else in, what if they got ten trucks?

I can't answer that question either.

But the the amount of trucks they have is eight, you know, it's about eight trucks right now.

Thanks, sir.

Thank you.

Um we have any other commissioners, Commissioner Bearfield.

Yes, thank you.

Um I've just been sitting and listening.

Um I also made the trip down to the streets today.

I did not contact anyone.

I just wanted to write myself.

I just wanted to see, and I saw the property in question, and my first thought was how could somebody operate this for 19 years without knowing you needed a conditional license?

And it bothers me because I think that we're not being honest when we say something like that, but and then my other thought is here we've had subcontractors using the property.

Again, the honesty, there's something amiss there.

Having said that, I think the issue is these people don't they don't really care who is there.

They don't want a business there that is going to bring additional dump trucks to their neighborhood.

Somebody was riding them around.

I I I grew up in Deep Creek in 1960.

I know what it's like when my mother to sit in the middle of the street and read the newspaper because there are no cars coming except ours.

But I also know that on my street now, I can't get out of my driveway because of the traffic going both ways.

So I see things have to change.

That being misled, whether intentional or unintentional, that's where I'm hanging up.

Their simplistic way of life will change eventually, but it doesn't have to change when somebody is not being honest about what they're planning to do.

I thought there was one of the owners here tonight who could answer some of the questions that we're asking.

Is that not correct?

So why have we not invited this other owner to come up and respond specifically to what is going to happen on that property?

So let me ask Mr.

Tedder.

So if the owner didn't sign up to speak, are they they still entitled to be called up if they've got a representative like Mr.

Baraki?

The way the bylaws are worded is that the planning commission, any commissioner can call up any speaker for specific questions, and it does generally require that speakers submit a speaker card prior to the start of the meeting.

There is also language in the bylaws that says that it is at the discretion of the commission, whether somebody that submits a late card would be entitled to speak.

Certainly, if we wanted to formalize this process, there is a process by which we could suspend a portion of the bylaws if the commission would feel more comfortable doing that.

Yeah, and so that was the normal was generally if they have a speaker card or if they provided it late.

Since we didn't get either one of those, we generally wouldn't call them up.

We could suspend the bylaws if that would be the will.

And that and and again, and that's if if the owner would like to come up and speak.

So Mr.

Teter, would there would there have to be a motion to suspend the bylaws?

There would need to be a motion, a second, and a vote for that to take place.

Alright, so the bylaws could be could be suspended if a commissioner so wanted to make that motion uh and it was seconded and it was voted for approval.

Well, my question is if you don't think it's necessary, we don't have to do it.

Well, we've we've heard a lot from Mr.

Baraki.

And if we're satisfied with what we've heard and are able to vote on this uh on what we have, I'm okay with that.

So we don't have to suspend it, but I just wanted that to know that was an option if wanted, but I'm okay with what I've heard so far.

I would like to hear from the owner.

Um, so I'll I'll tell you, and and and a commissioner can make this.

Um, I think in in this case, for me, the the owner hired somebody uh to come up to be the applicant and and that's what they put forward uh based on the information.

So for me, I'm I'm satisfied.

Uh but that's that's my opinion.

The commissioners can, and if commissioner, I I look, I get one vote out of nine, so um, so that's uh by chairs.

I would say that in all the years that I've been here, we know Mr.

Baraki's character.

We know that Mr.

Baraki's not gonna come up here and tell us something that's not true and not something that wasn't told to him.

And I think it speaks volumes that Mr.

Baraki has prepared for this meeting and was told one thing and then told something different when he was asked a second time.

That's not a Mr.

Baraki issue.

All right.

Any other commissioner?

Um, I will I will tell uh everybody that I think uh you know being on the commission is something that you just don't rubber stamp.

I think we all take this position very seriously, and we understand this affects people's lives.

Um I will tell you, as you've heard, commissioners have gone out and have ridden the roads.

Um, I did the same.

I don't stop and talk, but I do go and I make sure that I've and I've been through that area numerous times.

Um I'll write through it again just to make sure that it's kind of fresh in my mind.

So um regardless of how this commission uh decides to take this and and the motion and the vote, um, just understand that you know this is not an easy decision.

I think we had um last year we had an RV storage unit that that was put before that was going to end up in this community, which I think this planning commission voted against.

Um, so we understand that a little bit different with somebody now that owns it, had it for 19 years, whether there's a lease, whether there's not, you know, all the conditions aren't exactly the same.

So everybody's got to take you know their facts and circumstances into consideration.

So at this time, if we have no discussion at this point, a motion would be in order, Mr.

Chair.

Um Vice Chair Squaya.

I move to deny public hearing item three, PLN-USC-2025-034, Bedford contractor storage yard, because this proposal involves the movement of large commercial vehicles and the adjacent roadways are not sufficient to safely support this use.

I second.

All right.

So we now have a motion to deny um the application, uh, which was made by Vice Chair Squelia and was seconded by Commissioner Sproul.

Um, remember when you are voting uh green, you are voting to deny uh based on the motion.

So at this time, commissioners prepare to vote.

Please vote.

Mr.

Boswick, please record the vote by a vote of eight to one.

The motion carries thank you, Mr.

Boswick.

Please present the next public hearing item.

The final item of the evening is pln-txt-2025-004.

The project is external lighting on structures and signs.

The proposal is an ordinance amending appendix A of the City Code entitled zoning.

Article 14, sections 14-705 and 14-707 to allow exterior building lighting, provided certain conditions are met.

Mr.

Hannigan will now present staff's findings.

Thank you, Mr.

Bostwick.

Staff offers the following findings.

The proposed text amendment is consistent with sound zoning practices and promotes public health, safety, and welfare.

And the proposed text will promote creative flexibility for landmark buildings within the city.

Uh, given the controlled scope of this amendment, staff recommends approval to proposed amendment version dated April 16th, 2026, as found in your staff report.

Thank you.

Thank you.

Secretary Malone, please call the speakers for this item.

Speaking in opposition of agenda item number six, Mr.

Rogart Ross.

Good evening.

Um got loss.

I live at 3800 Riverclus Place in Chesapeake.

Um I actually did not expect to be here tonight.

I'm here tonight on behalf of the Cape Henry Audubon Society, the Hampton Roadsburgh Safe Lights Out uh Initiative, uh, and Dock Sky Virginia and our other partners who work on these efforts to request that you please continue this application so we have some more time to work with the planning department on the wording of this.

We're very concerned that this proposed ordinance will turn the 660 foot tall Greenlink Tower from the tallest building in Virginia to the tallest bird hazard in Virginia.

We actually asked multiple times to speak with the planning department about the wording of this proposal since it was submitted as an initiating resolution.

We voted them in April, June, and July of 2025.

And we did receive a response that the opportunity for you, the Cape Henry Audubon Society, and others to give comments and feedback prior to any formal hearing would be given.

But despite some follow-up inquiries, we did not hear anything more about this until we saw the item on the um agenda for tonight.

Building lights uh on tall buildings like this are a deadly hazard to migrating birds.

The Cornell Lab or nothology estimates that hundreds of millions of birds are killed every year uh in building collisions.

Well lit skyscrapers, such as the Green Links Tower propose a severe threat.

Chesapeake is along the migratory flyway, and birds migrate at night.

The light of tall buildings disorients and attracts these migrating flocks, often causing them to circle the building endlessly until they are exhausted.

Birds also crash into the structure and are killed.

And the situation is worse on cloudy uh when the low clouds are foggy nights.

The city comprehensive plan, the new one just approved, recognizes this threat and clearly states that while lights may be a nuisance for residents, for wildlife can be a serious, can be more serious, rendering habitat unlivable or confusing animals' natural patterns.

Birds in particular may be susceptible to light pollution as most migratory birds fly at night and can be disoriented or stressed by the lights.

Where there are known migratory paths, habits and highly natural areas, even more care should be given to lighting choices and ensuring lights are only used when necessary.

That is from the comp.

There's a policy for us to develop an ordinance directing reduction of light pollution.

For wildlife, the best practice would be not to light up this tower.

We discussed this with Ellis Green already.

So anyway, we gave a number of recommendations that we we'd like to see to make this ordinance safer, and so I please ask that we have the opportunity to do a better job on this.

Let us talk with the planning department.

Give us more time, please.

Thank you.

Thank you, Mr.

Rogard.

All right, is there any discussion for this item?

Commissioner Gilman.

Um I read through the documentation that Mr.

Ross sent over.

I do understand the concerns.

Um, therefore, I I do have an amended motion that I would like to present to the commission.

The adopted comprehensive plan recognizes the impacts of exterior lighting on wildlife, including migratory birds.

The comp plan also recommends reducing light pollution.

Therefore, I move to approve Planning Commission agenda item six, version dated April 16th, 2026, with an amendment to add a requirement that any approved lighting under the section be turned off from 10 p.m.

until dawn.

Okay.

Does any commissioner have any other comments or questions?

And if not, then we do have a motion that has been made by Commissioner Gilman.

Is there a second to that?

Second to that.

All right.

So we have a motion made by Commissioner Gilman, uh modifying uh the conditions, and a second by Commissioner Bearfield.

Uh commissioners, please prepare the vote.

Please vote.

Mr.

Boswick, please record the vote.

All right.

So that is concludes the regular uh agenda items.

Mr.

McMahon, do you have any items to bring up at this time?

No, sir.

All right.

The cancellation of the May twenty-seventh, twenty twenty six meeting is now being considered due to there being no business.

Do the commissioners have any objections to counseling the meeting?

Hearing no objections, the May twenty seventh, twenty twenty six meeting is canceled by unanimous consent.

Is there any unfinished or new business to be brought up for the good of the commission?

If there is no further business to consider, the meeting stands adjourned at eight forty-two PM.

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