City Council - Regular Meeting

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Okay.

Mr. Mayor, we're ready to begin.

Thank you, and Vice Mayor. Council is now in session. I'd like to recognize Council Member King this time for our invocation.

Lord, you the great creator, teacher, physician, and public servant. We look to you for guidance, and we thank you for yet another day. Please fill this chamber with your presence and our hearts with kindness, gratitude, Unity and respect for one another. Please ensure that our words, delivery, and actions glorify you. Keep us mindful that we are in this together as a team and not as adversaries. Lift us to higher standards. Give us wisdom, discernment, and good judgment. Bless the people of this great city and the leaders who have been chosen to lead them. We place this meeting and our trust in you. In your heavenly name we pray. Amen. I would like to ask Reese and Josh to come forward for the pledge.

Please join me in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

You may be seated. Thank you.

Where do they come from? Do we have that? Pat.

Do you have information of what troop they are?

You have information of what troop they are? Anything?

Oh, yeah, go ahead and answer if you want to.

All right, I can.

So Reese Ferrara attends Oak Tree Academy, and Josh Ferrara also attends Oak Tree Academy. The sponsorship organization is St. Thomas Episcopal Church, and we thank you for being here with us. Thank you.

Absolutely. Thank you, and thank you, Dr. King, for that indication. Madam Clerk, would you please call the roll?

Council Member Bond?

Here.

Council Member Jeffries?

Here.

Council Member King? Here. Council Member Newins? Here. Council Member Smith? Here. Council Member Ward? Present. Council Member Whitaker?

Present.

Vice Mayor Ritter? Here. Mayor West?

Here. Next is the approval of the proposed agenda. Are there any changes that council members would like to make to the proposed agenda? Seeing none, We'll just go to the next item. Next is recognition. I'm going to go down to the podium and turn the gavel over to our vice mayor.

I'm getting a scam call.

Okay.

As the mayor goes down, Mr. McNamara, would you and your staff please come forward? We are proud to recognize our very own Planning Department, who recently received two statewide honors from the American Planning Association. Under Planning Director Jimmy McNamara's leadership, the department was awarded the prestigious Jamestown Locality of the Year Award. This is Virginia's top award that recognizes Chesapeake's adoption of eight major planning documents over the past two years, including the Chesapeake 2045 Comprehensive Plan, the Industrial Waterfront Study, and the Trails and Connectivity Plan, among others. Chesapeake was recognized among all large cities and counties in Virginia for its planning approach, which includes a strong emphasis on public engagement with tens of thousands of residents connecting through more than 100 community meetings throughout the process. Additionally, Chesapeake Planning Administrator Kevin Finn has earned the APA 2026 Moser Award for Distinguished New Professional. This honor recognizes early career contributions, leadership, and a demonstrated commitment to planning's best principles. Kevin Finn embodies the city's CARES philosophy and is dedicated to help the people of Chesapeake find their voice through the municipal planning process. And before the mayor gives you the award and you speak, Mr. McNamara, I'd like to see if the city manager would like to add on.

So council knows I'm a former city planner and I was fortunate to be a planning director in a large jurisdiction in Virginia. And I can say without a doubt that this team, it really is the best in Virginia. I've worked with some great planning teams, including when I was here as a young planner in the city of Chesapeake. But Jimmy and Rebecca and the entire team have taken it to new heights. And I'm just so incredibly proud of you, Jimmy, and the entire team.

And before I... I'll give you this. Let me just make a quick comment. I have no idea, unlike our manager, what it's like to be a planning director. But I do know this, that you have three very important audiences that you have to answer to, first and foremost. our citizens, and trying to make the right decisions and the right recommendations to make our city as great as it is. And then you have a city manager who can let you go any time he takes the notion to do so. And then you have a council who have nine different opinions. And so I don't envy your job, but I will say this. You're as good at it as they come. You do a wonderful job. So thank you.

So just some brief remarks. Mayor West, Vice Mayor Ritter, members of council, thank you for taking time this evening to recognize this award. I do want to say that due credit for this award goes beyond the planning department. This is a team effort. The planning commission, city council, and most importantly, our citizens are responsible for this award. I do want to recognize the staff members that we have with us this evening. I have Deputy Director Rebecca Benz, Current Planning Administrator Gil Bostwick, and our Customer Service Planner Lydia Utten who have joined us here this evening. So each one of their contributions, you know, goes beyond words for what they've done. Long-range planning is, you know, a task that an important exercise that all localities must go through. However, some just do the bare minimum. You know, it's a lack of commitment toward looking towards the future But then here at the city of Chesapeake we do make that commitment. We've invested in community driven planning efforts Over three million dollars has been invested in these plans we've adopted eight major planning documents and we engaged with thousands of residents along the way with over a hundred community meetings and We've had over 10,000 survey responses in response to these documents and have been awarded twice over the past three years for the efforts that have gone along with these adopted plans. But most importantly, during this time, we've built partnerships, trust, and understanding with communities and organizations, many who have not been involved in these processes in the past. This commitment towards accountability and implementing these community-driven plans is what will move us forward towards creating the exceptional future that we strive to have. So thank you for your support. We look forward to bringing these plans to life. And before I go, also, I'd like to extend my and the department's congratulations to Kevin Finn, who has received a very prestigious award. He's a vital member of our department. He has helped to guide many impactful projects along the way. And he's only 31, so we get him for much longer. So beyond our city, Kevin has been involved at the state level of the American Planning Association as well, and really assisting this organization with efforts and supporting great planning across the Commonwealth. So again, we congratulate Kevin, who's busy actually picking up his fiancee at the airport right now. So we excused him for this evening, but we certainly want to make sure that he knows how much he has contributed towards this department as well. So thank you again. We appreciate everything. And thank you to the citizens who have helped us along the way.

Okay, I'm supposed to tell you I have to return the gavel.

Thank you. Thank you, Mr. Mayor. Next is citizens' agents and citizens' comments on public hearing items. City council meeting constitutes a limited public forum. Therefore, public comments must be relevant to the items on council's agenda tonight. When speaking on an agenda item, please make sure your comments directly relate to the merits of the application, which means you focus on the details and the facts of the proposed agenda item. Focusing on comments on the merits of the application will ensure that this public hearing serves its intended purpose of gathering relevant information for the voting body. Furthermore, the strike of balance between maintaining order and honoring the public's right to express themselves and as established by the City Council's Rules of Order and Procedure Any speaker that delays, interrupts, or otherwise disrupts City Council ability to conduct this meeting in an orderly manner by disorderly, insolent, or disturbing actions, speech, or other conduct will be declared out of order. Madam Clerk, do we have any speakers?

Not at this time.

Thank you. Would you please present the public hearing items?

Item A, PLN TXT 2025-010, Civil Enforcement. An order that's amending Appendix A of the Chesapeake City Code in Title Zoning, Article 20, Section 202, to provide general updates to change criminal zoning enforcement to civil enforcement. This item was continued from the May 19, 2026, City Council meeting. Planning Commission recommends approval of version dated February 20, 2026.

And Planning Director McNamara.

The proposed text amendment is consistent with sound zoning enforcement practices and with applicable provisions of the Code of Virginia. Staff therefore recommends approval of version dated February 20th, 2026.

Are there any speakers on this item?

No, sir.

Thank you. Motion is in order. I move approval.

Second.

Okay. I was wondering why we didn't have that. Thank you, Ms. Ritter and seconded by Dr. Ward. Any discussion?

I just, I'm sorry. I'd just like to ask Ms. Nguyen. She brought this forward, the idea of how to expedite complaints by citizens. and how we can better work through the judicial system. So if you would, Ms. Newins, just give a, we had a great presentation. If you want to give a little encapsulation for people.

Thank you, Madam Vice Mayor. So this is an issue that was brought to council's attention from staff as well that we've had an issue with criminal enforcement of zoning issues where an action is taken criminally in court And we're not winning as a city. The person's not winning as a citizen because the court is wanting us to find different remedies outside of the criminal process, which I think is extremely reasonable. So we're trying to find a way to meet, I think, in the middle and operate under our care standard and show that we're a city that's going to be compassionate and is going to care and work with citizens to avoid court appearances or avoid criminal prosecutions in situations that are not a hindrance to public health or property so I don't know if that sums it up best Mr. Manager I think we had an excellent presentation but we still have some work to do that we're going to work on I think you're going to bring back before council at a later date we're working on some policies specifically I know we've been operating under a kind of a policy not a written policy but we're working on codifying that to bring that forth before council so we can be more transparent to the public on what the expectation is for violations and if somebody makes a violation, what the expectation is for how that's going to be handled from the city standpoint. So I know that will come back eventually. But Mr. Manager, is there anything you wanted to add about the reason why we're bringing this forward?

I just really appreciate that explanation and both council and staff coming together to make this happen. I had an excellent presentation from Jay Tate, Director of Development and Permits, and he really put it well when he said there's two customers in a violation. It's the It's the resident that might complain about an incident. And then the person that has the violation, our goal is to try to help them abate the violation. And so you mentioned the care standards. That's really what we're all about. And I think we all think that this is a reasonable policy change to effectuate those solutions. And we really appreciate council's consideration.

If I could, I'd like to add that I think Mr. Tate made this point several times, and I certainly have the same experience talking to people out in the public. In fact, I had a long conversation with a gentleman who's had some concerns about his neighbor and backyard and so forth. I think the thing we have to work hard at doing is educating people that this is not letting people off easy so that they can continue to do it, but it's another way to getting to a resolution that worked for both the complainer and the one who's being complained against. So that's the hard part because most people think, well, why don't you just take them to court? But that's just as we learned today. is not a quick process. Any other discussion on this issue? Seeing none, we do have a motion for approval. Please prepare to vote. Please vote and record, Madam Clerk.

Motion to approve PLN text 2025-010 as presented is adopted by a 9-0 vote.

Thank you. Next item, please.

PLN REZ 2026-001, Towns at Rivercrest, BOI Week 25 LLC, Deep Creek Commons LLC, Chesapeake Land Development LLC applicants, Land Planning Solutions Agency for conditional zoning reclassification of approximately 5.49 acres from RTH1 and R15S residential areas. and ONI Office and Institutional to RMF1 Multifamily Residential. The property is located at 727 Wickford Drive, 853 and 845 Great Bridge Boulevard in the Rivercrest Planning Area. Planning recommends approval with the proffers listed in the official agenda.

Thank you. And planning staff's recommendation?

The proposed rezoning provides compatible infill redevelopment that creates an appropriate transition between the Great Bridge Boulevard commercial corridor and the adjacent residential neighborhoods. The proposed rezoning utilizes smart growth principles by proffering design standards that will result in an attractive and monetized walkable community. Staff therefore recommends approval with proffers dated June 24, 2026.

Thank you. Speakers, Madam Clerk?

Yes, sir. We have five speakers. The first speaker is Thomas Tai. representing Chesapeake Land Development LLC, speaking in support, followed by Russell Tye.

Good evening, Mayor West, Vice Mayor Ritter, council members, and city staff. My name is Thomas Tye, 6062 Indian River Road in Virginia Beach. I'm a partner in Chesapeake Land Development, the owner and the applicant for the towns at River Crust, a 26-unit townhouse-style condominium project located in the 800 block of Great Bridge Boulevard. We are a local, family-owned development and home building company and have been working in Chesapeake for more than 40 years, developing or building over 300 homes, lots, or houses. Some of the subdivisions we have built in and or developed over the years include Mariners Point, Marsh Point Estates, Brander Mill, Whittington, Riverwalk, Fernwood Farms, Jolliffe Woods, Portlock, the crossings at Wilman Place, Varsity Estates, Deep Creek Commons, Crossbridge Commons, South Hill, Wilton Creek, Kendall Woods, and Middle Oak Estates. Developments that we created but did not build out the individual houses or condominium units were sold to numerous local builders, including Summit Construction, Wallace Brothers, Ashton Homes, and Wetherington Homes. Believing in Chesapeake, we purchased property that is part of this application in this development about 40 years ago and are pleased to be here this evening after working very closely with the planning department to offer this high-quality townhouse-style condominium project. These homes will complement the community and provide much-needed workforce-type housing for 26 families. Each home will include about 2,000 square feet, a built-in garage, and we have tentative pricing in the low $400,000 range. Further details will be provided by Melissa Venable with Land Planning Solutions and my partner, Russell Tai. And I'll be happy to stand by with any questions you all may have.

Thank you.

Thank you.

Russell Tai, Chesapeake Land Development LLC, speaking in support, followed by Melissa Venable.

There we go. Okay. Good evening, Mayor West, Vice Mayor Ritter, and members of City Council. My name is Russell Tye, and my address is 6062 Indian River Road in Virginia Beach. I'm a partner in Chesapeake Land Development, a local family-owned company that I've been involved with for the past 20 years. I was born and raised in Chesapeake, right up the street from this project in Riverwalk. I've been actively involved in the community with Habitat for Humanity and recently worked with the Chesapeake Land Bank Authority to help a homeowner in South Norfolk with desperately needed renovations on her house. We have put a great deal of time and effort into working with city staff and the surrounding community to develop a project that we believe is appropriate for this property and a positive addition to the city of Chesapeake. In addition to working with city staff, I've made a concerted effort to engage with the surrounding community. I reached out to multiple civic leagues and HOAs in the area and met in person or spoke by phone with representatives who responded to those outreach efforts. We also held a community meeting with Fernwood Farms on June 3rd. These conversations gave us the opportunity to hear concerns, answer questions, explain the project, and maintain an open and constructive dialogue throughout the process. As my partner mentioned earlier, we are a small family-owned construction and development company. In the event that we do not build these 26 homes ourselves, we would sell the finished lots to another local builder. This would come with the understanding that the elevations must meet or exceed the minimum standards we have set forth. In fact, we have already had multiple conversations with local builders, including HAV, Dragas, and EDC, all of whom have expressed interest in the project. We have a very strong track record of working with local builders in our development, on our development and have turned down an offer from a large national builder on this project because we believe strongly in working with local builders. Thank you for your time and your consideration on our application. I will be available to answer any questions that you might have. Thank you.

Melissa Venable, Chesapeake Land Development LLC speaking in support followed by Ozon Duran.

Good evening, Mayor, Vice Mayor, Council, and staff. My name is Melissa Venable with Land Planning Solutions, located at 1403 Greenbrier Parkway, 23320. I am the agent representing Chesapeake Land Development LLC. After working with the staff for two years, the staff that was just recognized for being the best in Virginia nearly, they have made sure that we included several things on this project. The home orientation was very important, dedication of right-of-way, and the addition of the sidewalk along Great Bridge Boulevard. We meet over 20 of the 2045 comp plan policies which are all noted in your staff report. The addition of the walk will connect the adjacent residential communities like, I think it's called Les Chateaux, which is just adjacent to us, to the commercial uses that are along Great Bridge Boulevard, encouraging walkability and connectivity. Staff also encouraged us to create a walking trail and outdoor amenity space for our residents, creating unique experiences for this small enclave of homes. And you can see we're adjacent to the pond that's on site, and they had us add some amenities along that pond specifically for the users on the site. The existing pond on the site will be evaluated and expanded to capture the additional impervious area being added with the site development. The site pond currently drains into a series of lakes along Pinewood Run. All water from the site will have to be captured and treated before released into the nearby drainage system. Additionally, it's important to note that in the traffic impact analysis, you see that we're a level AB, and we will stay at a level AB. And if this were to be developed as it currently is zoned with the office and residential, I don't think it's double, but we would add many more trips per day. In the traffic world, this is actually a down zoning. So they were just a few things I wanted to note. I will stand by for any questions. Thank you so much.

Thank you. Ozan Duran, representing Self, speaking in opposition, followed by Markela Moore.

Good evening, council. My name is Ozan Duran. I live at 1125 Lilac Avenue, Chesapeake, Virginia. I'm here tonight because I feel Rivercrest is somewhat illustrative of the way we approve development is not necessarily lining up with the future vision the city and planning department have laid out. Looking at the development, there's substantial amount of setback as you enter from the road. which doesn't appear to accomplish much towards the goal the city says it has for transportation, walkability, reducing speeding, or improving the quality of our developments. Rather than simply leaving that space a setback, I think there is an opportunity to incorporate a proper turnaround that could eventually accommodate public transportation, while also providing a logical place for substantial tree cover and shade for the people who will actually live there. Separately looking at the site plan, there appears to have been very little effort made towards retaining the existing trees on the property. We continue talking about tree canopy, heat, stormwater, and the quality of new development, but then continue approving developments where mature trees are cleared to be replaced by a handful of newly planted trees that will take decades to provide the same benefit. This is part of a larger trend. We continue allowing development without requiring that development to adequately account for the additional strain it places on the infrastructure and public services around it. We already have traffic concerns here, and these residents will be entering a development that appears to have been designed almost entirely around cars. At the same time, the continued pace of development in this portion of Chesapeake will easily outpace the capacity added through the newly constructed Crestwood, while putting additional strain on Oscar Smith. Maybe we should let this community enjoy not having overcrowded schools for a hot second before we recreate the problem we just spent millions of dollars trying to solve. The trend of irresponsible development continues, which brings me to transportation. This week is Tri-Transit Week, so I thought it was apt to talk about how much Chesapeake cares about transportation. According to HRT, a little over 60% of riders use it for going to and from work. Every dollar spent towards public transportation returns $4 on average back to the economy. So you'd think Chesapeake, which has traffic concerns, continues to approve new development, and wants people to be able to afford to live here, would be adequately interested in funding transportation. If you weren't aware, we're dead last for funding HRT on a per capita and cumulative amount in Tidewater. So where do we need to be? Well, for context, last meeting, City Council spent more money on buying properties that weren't even listed on the CAP as a priority beforehand. to bring Chesapeake to about average Hampton Roads, which would have immense benefits to the public and economy, allow employers to more easily hire employees that would live in these types of developments, employees to more easily and affordably get to work, and reduce some of the transportation burden created by the development we continue to approve

Mr. Durant, you're talking about the city in general. I ask this application to speak to it and how it is affected. Yes. Not in general about your opinions about transportation.

Well, this development does not incorporate items that are immutable to public transportation.

So if you would keep your comments to that application, we'd appreciate it.

Correct. I'm there now, right now. Thank you. So with towns at Rivercrest, I would ask council and the developer to look again at how that entrance is being used, incorporate a turnaround that can support future transportation needs and meaningful shade trees, make a better effort towards retaining the existing tree canopy, and more broadly start asking whether each new development is actually contributing enough towards the infrastructure and services it is going to consume. And I understand that the setback along Great Bridge Boulevard was intended to serve as a sidewalk. But when we look at the planning document, we see that when we have these increased setbacks along these roads, it encourages people to speed. And I understand that the city needs potentially to be thoughtful in the future regarding expanding that road and maybe having a turn lane into the neighborhood. But in the meantime, this is going to be causing additional people to be speeding down that road. So thank you so much. Have a good one.

Markela Moore, representing Self, speaking in opposition.

Good evening. My name is Markela Moore, and I live in Washington Borough. And first and foremost, I have to say Kevin Finn is more than deserving of that award. Every time I've seen him, he gives excellent presentations. He answers questions thoroughly. He gets back to you. So he's just very deserving of that reward. Who knows? Maybe there's a city manager's award in here somewhere. Council has stated many times that it wants to make informed decisions. Accurate information is essential to that goal. Therefore, it is important to recognize that although this property is located within the Transportation Corridor Overlay District, it does not meet the requirements for approval under the current TCOD standards. The handout provided gives the information from the policy that supports that determination. While the property does not meet TCARD requirements, I believe a rezoning request can appropriately be approved by way of an exception. The primary reason for the exception would be the limited size of the buildable area. This significantly restricts the reasonable development options available to this property. I think it's very important to follow policy. I think it makes council's job easier. I think it's better for the residents as well as the developers. And I would like to commend the developer because he did an outstanding job meeting with the community. And when he met with us, I asked him about TCOT. And based on the response, I am going to officially request that the planning department put the TCOT question on their application. As they currently ask, is this development in the Fentress Overlay District? I think they need to ask, is this property in the Transportation Corridor Overlay District? That way everybody knows what's going on.

Thank you.

Thank you.

That concludes the speakers, Mayor.

Thank you. Thank you to all the speakers. A motion is in order with proffers. Mr. Bond.

Thank you, Mayor West. I move to approve of proffers.

Thank you, sir.

Do we get a second?

Second.

Councilman Newins, thank you. Any discussion on the application? Mr. Bond.

Yes, sir. One of the speakers this evening talked about the TCOD policy. I was just going to ask if planning department could, do you have any comments on that question, Mr. Landry? Could I ask your staff? Yes, sir.

Thank you. So, yes, the transportation corridor overlay district is one of the policies that's part of the comprehensive plan. In the staff analysis, we do address this, that this is a property that's located within the dominion target area of TCOD. which states that the transitional uses are encouraged between higher intensity commercial corridors and established residential neighborhoods. This proposed development provides that appropriate transition given its surroundings and the compatibility with the area around it. So we find it to be consistent with the TCOT policy.

Thank you. Any other discussion? Vice Mayor Rutter?

Thank you. Thank you, Ms. Moore, for bringing that up. A thousand times Mr. McNamara and I and the manager and I have gone around and around about the transportation corridor overlay district. To me, who was the initiator of it many years ago, the only thing left in the entire overlay is design standards, in my opinion. Wouldn't you agree? I mean, we've blown out the let's preserve this land for economic development, and it's mostly residential, right?

Yes. I would disagree with that statement, but I'm.

This is what we do. We go round and round about this. I feel like it has been, most of it has been extinguished by approvals by the council, not certainly by the actions of the planning department. But it's a good idea to put it on the application. And I do respect the fact that at least you use the design standards when you're recommending approval. And I think that that helps with this. So one more question. I think you can answer it best for me. What is the access for this development? Is it directly onto Great Bridge Boulevard?

No, ma'am. It's using the existing off-street off of Great Bridge Boulevard, so there will be no more access points that will be provided on Great Bridge.

Okay. And is there a reserved or dedicated right-of-way?

Yes, ma'am. As part of this, they will be extending the right-of-way dedication for the Master Transportation Plan roadway there.

And it's a dedication?

Yes, ma'am.

Not a reservation. That is correct. In other words, the city will not have to go and pay for it, correct?

That is correct.

Okay, one more question. Is the sidewalk going along Great Bridge Boulevard, so inside the dedicated right-of-way?

Yes, ma'am.

Okay, and the access is not onto Great Bridge Boulevard?

That is correct.

Thank you. Thank you. That's all.

Any other discussion? We do have a motion for approval and seconded. Please prepare to vote. Please vote and record.

Motion to approve PLN REZ 2026-001 with proffers as presented is adopted by an 8-1 vote.

And Madam Clerk, before you read the next item, I would like to call on Council Member Jeffries.

Thank you, Mr. Mayor. Regardless items C and D forthcoming on the agenda as a member of the police department I want to disclose that I'm familiar with investigations related to this property Subject to this use permit although my involvement in that work does not pose a legal conflict bar in my participation it may cause Me to prejudge the merits of the application therefore. I'll abstain from voting on this application tonight.

Thank you, sir madam clerk I

PLN, special exception 2025-001, King's Tobacco and Hookah Lounge. Hader Ahmed, LLC, applicant. Hader Ahmed, LLC, and Willis, LC, owners. Kinzer, Leftwich, and KLPC, agency. For a special exception for a cooperative parking agreement, the property is located at 2917 South Military Highway and 909 Willis Street in the Deep Creek Planning Area. This is the official appeal of Planning Commission decision. The agent has submitted a request to continue this item. Planning Commission recommends denial.

Thank you. Ms. McNamara?

The proposed cooperative parking agreement does not promote the general health, safety, and general welfare of the public and will increase pedestrian traffic and public safety concerns. It is not compatible with the surrounding community and adversely affects the health, safety, and general welfare of persons living, working, or driving in the area. Staff therefore recommend denial of the request.

Thank you. Do we have speakers, Madam Clerk?

Yes, sir. We have four speakers. The first speaker is Dale Bennett. Speaking on RMC and D, followed by George Reich.

Mr. Bennett?

Hello. How are you doing? My name is Dale Bennett. I live at 917 Willis Street. My concerns there are safety. I work a lot of nights. And me and my wife, we live there alone. And I work a very strenuous job as a diesel mechanic, work around cranes and ships, offloading, loading. And in the back of my mind is always worried if my wife is safe at home, where she's always afraid to be there by herself. And for the point of this hookah lounge being open has created a lot of issues in the last two years and a lot of stress on our lifestyle when it's been so peaceful and calm there all this time and I don't expect adding more liquor to longer is going to make anything better for us and then a lot of times coming home the parking area the streets you can't hardly get down through there adding more parking I don't understand where they're getting the more parking when the streets are blocked up as it is So I just don't understand extending all this is going to make our community better. So I'm big concerned over all that safety-wise. So thank you.

Thank you, sir. Thank you.

He's speaking to CMD.

George Reiche, representing SAFE, speaking in opposition, followed by Desiree Chanel.

Good evening, Mr. Mayor, members of City Council. My name is George Reich. I'm a resident of Willow Street. I'm a lifelong resident of Chesapeake. I'm a resident of Willow Street, immediately adjacent to the King's Tobacco and Hookah Lounge. I'm here tonight to speak specifically about the two applications before you, the proposed cooperative parking agreement and request to allow alcohol services for on-premises consumption after midnight. I want to make something very clear from the beginning. I'm not asking to shut the Kings down. I understand they have a right to operate their business. What I'm asking you to consider is whether these additional privileges are appropriate given the conditions that the residents are experiencing around the property that the business has previously had a violation for, serving alcohol after 12 a.m. I've been dealing with these concerns since the business opened, and my perspective as someone who lives next to the business, the frequency and severity of these problems have increased year after year. One of my biggest concerns is what happens after midnight. On busy nights, it is very common to see vehicles remaining around Kings after midnight, people standing around vehicles, engines running, loud music and bass, vehicle exhaust, yelling and arguing. The activity can continue to early mornings. The noise and activity can regularly be heard from my home, approximately 10 p.m. to early morning. That is why requests for the alcohol service after midnight concerns me. The issue isn't simply that alcohol would be sold. My concern is what extent the operation could mean during the hours when our neighborhood is already experiencing the greatest impact. If the business is permitted to serve alcohol later, I'm concerned it could retain more customers, extend the traffic, noise, and parking activity further along the overnight hours. The second application concerns parking. When the Kings parking lot becomes full, even after using the spots they're applying to use, the impact doesn't simply disappear. It moves into the surrounding area. Residents have experienced vehicles parking throughout nearby areas, increased traffic around residential streets. I personally documented vehicles in a residential yard becoming stuck, narrowly avoiding parked vehicles, and traveling through the neighborhood at dangerous speeds. On July 26, at approximately 2 a.m., I witnessed a vehicle traveling down Willow Street at extremely high-rated speed. The vehicle skidded, narrowly avoiding another vehicle, and continued towards residential properties. On September 6th, at 1.44 a.m., a vehicle was stopped in the middle of the Willow Street directly in front of my house. An argument followed, escalated into a verbal threat. I contacted police and officer who arrived shortly afterwards. These are not hypothetical concerns about what might happen if these applications are approved. They're examples of what residents are already experiencing during exactly nine hours relevant to these applications. I also want to mention that At the previous hearing with the Planning Commission, there was discussion about reaching out to residents regarding concerns. To my knowledge, the follow-up never happened. Instead, in the past, representatives of Kings went around offering residents discounts. I appreciate the gesture, but a discount doesn't address the parking, late night activity, or public safety concerns residents have been raising. We need meaningful solutions not incentive to visit the business. There are also broader Public safety concerns in the vicinity of Kings, including multiple shooting-related incidents and a fatal shooting. I understand that the circumstances of the homicide may not establish a direct connection to Kings, and I'm not claiming that it does, but from the perspective of a resident who lives immediately next to this business, a serious incident occurring immediately outside a late night establishment is still part of the environment we experience. I also want to recognize Chesapeake Police. That's where the captain knew on multiple occasions, and I've seen officers respond to modern activity around the area, and I appreciate what they do. But I don't believe the ongoing problems on the business should simply be police presence. This residential neighborhood, there are families, children living on Willow Street. Residents should not accept late-night services as normal. Vehicles entering residential yards, arguments, confrontations in the street, people urinating in yards on the roadway, sexual activity taking place in vehicles, excessive traffic, and constant concern about what may happen outside our homes. And honestly, I'm tired. I'm tired of looking outside my home late at night wondering what's happening in the street. I'm tired of hearing arguments, seeing vehicles speeding through our neighborhood, dealing with people entering residential areas, and seeing behavior that most people would never consider acceptable directly outside their home. I shouldn't have to become numb that simply I live next to a business that operates at night. And as for special treatment, I'm asking for the same consideration that any resident should receive when a business operating next to their home is asking for additional privileges that can increase its impact on the neighborhood. I'm not asking the city to shut Kings down. I'm asking you to listen to the people who actually live here before giving the business additional privileges. This is my home. As I said, I lived in Chesapeake my entire life. I simply want to be able to live in a neighborhood without feeling like these problems are something I'm expected to accept. So my request is straightforward. Please do not expand the late-night operations or approve the proposed parking agreement before the existing conditions have been fully evaluated. I respectfully ask you to vote no. Both applications, thank you for your time, for listening to residents of Willow Street.

Thank you.

Thank you. Desiree Chanel, representing Self, followed by Ozan Duran.

Hi, good evening, everybody. My name is Desiree Channel. I have lived at 928 Willis Street for 17 years. I am speaking today asking for the city council to deny the request from King's Hookah Bar and Lounge for both the co-op parking and selling alcohol after midnight. I moved to Willis Street in 2009 because it's a very quiet and secluded street. The quiet life has drastically changed over the past few years since King's opened. There were two other businesses that operated in that spot prior that never caused any issues. Since King's opened, I've heard gunshots numerous occasions, with one resulting in a homicide, and I had explained to my kids why there was a memorial next to their bus stop. This murder didn't happen anywhere. It happened here on our street and next to our homes. In the past 17 years, there has never been a homicide on Willis Street before this. I've also heard fighting that leaves Kings and spills onto our residential street. There's been many times my husband has tried to come home and unable to go down our street due to the vehicles parked blocking him from getting down the feeder road or people refusing to move out of the middle of the street to allow him to return to our home. I no longer leave my home on weekend evenings to try and avoid these issues. I have also been almost hit from someone leaving the bar while I was turning onto Willis Street. I have also witnessed inebriated drivers leaving the area and causes ridges in the grass area. I've had random people leave the bar area, drive down our street, parking in my yard or my neighbor's yards, blasting music at 2 AM with their doors wide open. and engaging in sexual activity. I've seen fire trucks unable to get to assist one of our disabled neighbors that regularly needs EMS services. They had to walk down the street. They're trash that just blows down our street and litters the ground. My family's quality of life has deteriorated as we now live in fear for our safety. After the Planning Commission meeting was over on August 12, 2026, their lawyer approached me to ask for my contact information, as he stated he wanted to work with the residents. And as of today, I have never been contacted. I do not believe that owners take any of the issues seriously, and I do not believe they want to make any real and substantial long-term changes. I hope that my voice matters and the voices of the other people that live on this street, because how we live right now is feared daily. So I'm asking that you deny that these requests that they're asking. Thank you. Ozan Duran.

Good evening, council. My name is Ozan Duran. I live in Norfolk Islands. What is the balance to be struck between allowing businesses to make money, people having fun, and people fearing for their lives? As a person who has responded to an individual shot dead in front of their home, I can tell you that I know what these people are going through. Hearing these gunshots, forget peace and being able to enjoy their lives, they are asking counsel to stop the fear they live in. A tempered response for one month in would have been suspending their COP for a week for the owner to get the picture. This has been going on for years. Please be decisive. Shut this down. Thank you.

That concludes the speakers.

Madam Clerk, it seems that the speakers have actually spoke on C and D. Correct. So could we go ahead and read C and D into the record as well?

PL in use 2024-001, King's Tobacco and Hookah Lounge, Hader Ahmed, LLC, applicant, Kinzer, Lefwich, and Kale PC Agency for conditional use permit to allow the sale of alcohol on premises consumption after 12 a.m. within 200 feet of a residential use and an alternative parking surface. The property is located at 2917 South Military Highway in the Deep Creek Planning Area. The agent has submitted a request to continue the item. Planning Commission recommends denial.

Thank you. Mr. McNamara, could you speak to both items?

Yes, sir. The proposed use is not compatible with the adjacent uses and would be detriment to the public health, safety, and welfare of the surrounding neighborhoods. And all conditional uses are presumed to be inappropriate with the surrounding zoning districts. So staff, therefore, recommends denial of the request.

Thank you. We've heard the speakers. Can I have a motion, please, with stipulations? Ms. Ritter?

Thank you. I move to grant the request to continue planning public hearing items C and D to Council's November 17, 2026 meeting. I am willing to support the continuance, however, I cannot support allowing extended alcohol sales to continue without a conditional use permit. Council's policy permits violating operations to continue operating while they pursue a conditional use permit only if the application is diligently pursued and does not pose a threat to public health, safety, or welfare. The business has been operating illegally since November of 2023 by selling and permitting the consumption of alcohol within 200 feet of residential property without the required use permit. During that time, the surrounding neighborhood has been repeatedly and significantly harmed by excessive noise and light, litter, property damage, and overflow parking onto Willis Street that blocks access to homes and delays emergency responders. The police department has documented substantial increases in calls for service since 2023. including multiple violent crimes associated with this location. These impacts demonstrate an ongoing and unacceptable threat to public health, safety, and welfare. Under these circumstances, Council cannot continue permitting violations while the conditional use permit process remains pending. Therefore, I do move to grant the continuance of both items C and D direct staff to notify the business in writing that it must immediately stop selling or permitting the consumption of alcohol after midnight unless and until a conditional use permit is approved. And if I have a second, I have just a Another comment or two?

Do we have a second from council members? Mr. Whitaker? I'll second that. Thank you, sir. Ms. Ritter first.

Thank you. May I ask Captain Noel, please, to come forward? Captain Noel will introduce himself, but he is the precinct captain of the third precinct. Good evening, Captain.

Good evening, Mr. Mayor.

I was wondering if you have comments that you would like to offer on behalf of yourself and the citizens?

Yes, I do. I've been assigned to the precinct since August of 2024. During this time, I've noticed a substantial increase, a slow increase in violent crimes at this location. I first met with them back in March 10th of 2025 in order to come to some type of compromise to see what we can do to make things better. There was an incident that was involving a medical call and our officers were not allowed inside the establishment. And that was a concern. I met with the owners. They assured me that that wouldn't happen again. But since then, I've met with them and noticed a slow increase in violent crimes. And for instance, in 2023, we had 10 calls for service at that location. 2024, we had 19. We've had a rising increase of violent crimes at this location, and we had to try to put some preventative measures in place. During this time in 2025, we had 255 calls for service at this location, which represented a 1,242% in calls for service at this location. A lot of these calls for service were for preventative measures because I really felt that if we did not be proactive at this location, that we were going to possibly have another loss of life at this location. On top of that, I've filled in numerous complaints for the citizens of Willis Street. A unique situation about this location is Willis Street is a dead-end street You have to go past that establishment in order for these residents to go home. And at all hours of the night when they're trying to go home and it seems that the increase in activity is happening after midnight, there is somewhat of a fear factor at this location where residents driving past that establishment. I've gone out there on a couple occasions myself overnight, and I wanted to lay eyes on the problem myself. Some of the things that I've witnessed at this location after midnight, numerous vehicles going down Willard Street, and there's actually a sign that says no turnaround. Individuals, and I can only assume not familiar with the area, constantly at night when I was out there, I noticed eight vehicles, myself, making U-turns in private driveways. When you start to think about the wear and tear in people's properties, and you start thinking about their overall well-being, with headlights coming inside somebody's residence and the unsettling of hearing gunshots, that's a concern. I was assured by the management and owners at this location that they would put preventative measures in place as far as security, making sure that they're actually patrolling the parking lots, making sure that vehicles are not blocking the intersection on Willis Street because right there in front of the business is a feeder road. Both sides of the feeder road were being blocked with vehicle traffic at this location. We had to work with the city to put no parking signs on one side of the feeder road so that first responders would be able to have access to this location. There have been times when I've been out there myself and I've witnessed vehicles stopped at the stop sign with their lights out and patients just out there talking. I sat out there just to wait to see if the security at this location was actually going to ask the individuals to move. Nobody showed up. I went out there myself advising to move, and at this point in time, I went myself to make contact with the security personnel, and they had management come out. During this time, I didn't see anybody out in the parking lot patrolling. Most of the problems are from patrons that are actually loitering in the parking lot. What's happening is that some of the localities that's adjacent to Chesapeake, they're closing their establishments at midnight. At the midnights, that's when you start seeing an influx of vehicles from other localities. This influx of vehicles, we start having issues with people hanging out in the parking lots. That's where the shootings happen. That's where the fights happen. That's where the violent crimes happen. I've noticed this myself on several occasions. I've fielded videos where community members have sent me videos of illicit activities going on in their neighborhood. And the overall quality of life has definitely declined at this location. And for year to date, for 2026, we actually had 358 calls for service. We're already 40% of where we're at in 2025. And I really feel that if we did not put these preventative measures in place, that we could have possibly had more of a loss of life. But the unfortunate part of this is that we have pretty much augmented their private security at this location because they've shown the inability to deal with the problem.

Thank you. Does any... Before I make my comments, and Captain Noel is here, does anyone have a question for him?

You can't talk. That's out of order. I'm sorry.

I love being out.

Any other discussion, council members? Mr. Jeffries. Excuse me, Mr. Whitaker. Excuse me.

Thank you, Mr. Mayor.

Mr. Manager, for myself and curiosity, and surely I can't be the only person, what in the world is a hookah lounge?

And what is the I mean So these are lounges where you're able to sometimes whether it be smoked tobacco or other types of vapes within a an apparatus And do that together with others and you get service with with alcohol and other food that served at the on the premises as well and

Okay. All right. That's good for me.

Thank you. Councilman Smith.

Yes. Thank you, Mr. Mayor. I don't know who can answer my question, but I'm trying to find out why did it take this long to get to council with all this going on so we could not intervene to work things out between the establishment and the community. I drove down the road myself. I had to send several emails as to what was going on at nighttime, too. I saw the rows of cars on Military Highway on both sides, and I went down Willis Road to see the dead end, as you mentioned, sir. It is an issue. It is a concern. But I'm wondering why it took so long. You're talking about two and three years when this could have been prevented and taken care of, if anyone could share. Because we're in a position to where we can do something as counselor. And why is it now?

We'll go to the manager for that. Mr. Manager.

Yeah. So when conditional use permits are submitted, some conditional use permits lack the detail to be ready for public hearing. Until those details are provided, we cannot schedule those applications for public hearing.

Mr. Mayor, I have a couple questions for Mr. McNamara as well, Mr.

Manager, if that's okay. When was the conditional use permit submitted?

So looking at the application number here, that's 2024-001. I would assume at that point that this is in probably January or February of 2024.

So it's fair to say they were operating illegally prior to submitting the conditional use permit?

Yes, ma'am. They've been cited with a notice of violation.

And what action did we take on that notice of violation before they submitted the conditional use permit?

I will defer to Development and Permits Director Jay Tate on that one.

Mr. Tate, if you don't mind. Mr.

Manager, are you OK? You want to take a seat in case anyone wants to?

Yeah, officer, this right here would be good to save you a trip in case someone else has a question. Yes, sir. Thank you, sir.

Yes, ma'am.

So the question that was presented was what enforcement action was taken on this establishment in 2023 before it came before the planning for a conditional use permit? There was a notice of violation that was issued. What was done as a result of the notice of violation?

Well, the first step is we get a complaint, then we investigate and determine what the violation is, and then we work with the city attorney's office, and we did in this case, to cite them for the appropriate violation and give them a notice, time to correct, and whatever their alternatives are. And, of course, there's a continuing to operate policy which says you can continue to operate while you move forward with your plans actively to correct the violation.

So that notice of violation is still outstanding while this is pending?

Yes, ma'am. So the notice of violation has basically stayed while they are moving forward with the conditions of us enforcing the continue to operate and we feel they're making progress towards where they're going.

And is it fair to say whoever would like to answer the question, they've still been operating illegally during this whole progress stage? Okay. All right. I guess my concern here is I don't see a world in which I'll ever support any kind of expansion of their hours to 2 a.m. I, at this point, would support a revocation of their conditional use permit that they currently have if they do have, they're operating by right, is that? Wow, okay. So I'm going to make a substitute motion to deny this application today.

I second that motion.

Any discussion on the denial?

And if I can just comment on the denial.

Ms. Councilman Nunes.

I think we have, as a city, we could do more for our community. What I've heard tonight is absolutely atrocious. I could barely contain myself sitting here hearing the horrible things that are happening to this community. You can see my position all over my face, and you could probably see how my reaction to everything you all are saying It's absolutely atrocious what you're having to go through I apologize that you're having to live this way I Deeply am so sorry that you all have to live this way it is it breaks my heart to hear that you have to live in fear and I hope that this will solve the problem if it doesn't solve the problem and I hope we take serious enforcement action on this business in the future because it's completely inappropriate to me that they have operated this way. 358 calls for service year to date is a huge hindrance on our police department. Our police department should not be babysitting a business to do the right thing when they have so many other things they could be doing in this city. I think it's absolutely inappropriate that we are acting as private security for this business because the ownership isn't going to do the right thing. And it's a slap in the face to come in and ask for a continuance, quite frankly, is how I feel. So I'm supporting the motion to deny tonight. And I'd ask council to make that consideration.

And before I call back on Ms. Ritter, I would like to just ask everyone to think about, I think we're all upset. Ms. Newlands, you have a right to feel that same way. I guess the question that we need to ask ourselves, and I know there's a substitute motion and we're going to deal with it in a proper way, but I'm afraid that we're getting our emotions ahead of our logic, and we're not asking the question, what is the most effective way to provide relief that will be lasting? And I'm not making a stance against you. I'm just saying that I'm not sure what this motion is going to accomplish in a way that going a different way might. So let me go to Ms. Ritter. The attorney says I need to make a comment. Let me go to Ms. Ritter. Okay. And is this a shorter motion? I didn't get to speak.

Well, I wouldn't want to interrupt Catherine. No. That's fine. I'll wait.

I had just asked Ms. Newins to clarify if her motion was based on the reasons listed in the staff report.

That's correct, yes. The reasons listed in the staff report are the basis of my denial amongst what the community has said today.

Ms. Ritter.

Thank you. I didn't get a chance to make comments. So in answer to the question, the first notice of violation was November 30, 2023. I'm going to reach back. I'm not going to ask Chief Selesky to come down, but I recall the long circumstances of a case he worked before he was on the command staff to actually shut down an operation and how long and how complicated that was. Essentially, this motion tonight is tantamount to a denial of the application, but in respect for the agent who's a member of the General Assembly honoring his request, but to turn down the application tonight doesn't do anything else than the continuance of the item. Because we have directed, yes, I'm sorry, we've directed the staff that they must stop serving the alcohol after midnight, which is exactly what the use permit asks for. So they have to stop now. I assume, Mr. Manager, you will make sure enforcement happens by the appropriate agencies?

Yes, ma'am. No matter what council decides, we will make sure that enforcement is handled by the appropriate agencies. Okay. And that would be the police department? Police department, development of permits. I'm hearing a lot of things this evening with multiple violations, so we'll make sure that the appropriate agencies are responding to all violations.

I would assume the fire marshals also.

We're going to keep our comments appropriately on the substitute motion at this point. Any other comments about the substitute motion? Mr. Smith.

Yes, thank you, Mr. Mayor. In reference to the substitute motion, I want the citizens here that are in opposition to understand if you're on the other side and you're asking for a continuous, that it should be granted. Even though I know we've gone through this period of time with you all not being pleased with the outcome. So if you was on the other side and you you ask for a continuance, you would think that it would take place with everything else being considered. The other party is not here, and us making a decision in their absence is not fair. What's happening to you all is not fair, but it shouldn't have taken this long. But we're talking about staying with us for another couple of months to get to the bottom of it and get it resolved. What Vice Mayor Ritter is saying is that we're going to keep it to where it does not go past midnight until such time we come back in November. So based on that, I'm not in favor of the substitute motion.

Councilman King.

Right. So I'm not quite sure who can answer this question, but these violations go back years. And we're saying that we see progress towards them addressing the violations, but the number of calls and the number of incidents continue to increase exponentially. So where is the progress? That's the part I'm not seeing.

The overwhelmingly 70% to 80% of the calls for service are self-generated calls by my officers. We're going out there to conduct proactive measures to ensure a safe environment. I really believe that if we did not do that, the violent crime would have increased. And this is also based on responses from the calls for service from the folks on Willard Street as well. So it's not just the hookah lounge, but it's the Willard Street and it's that adjacent area there.

But I'll address the making progress. So it's sort of similar to the item council had this evening regarding moving from criminal violations to civil, where council has a longstanding policy that if we issue a violation, And an applicant is making progress towards the solution. In this instance, the solution is getting a conditional use permit and a special exception. So to cure the violation, they would need a conditional use permit, special exception. So they filed the application. They've been working towards it. Now, I can, I share Council's frustration with the length of time that it's taken since the application was filed to where we've gotten to tonight. As we've seen on many applications, a lot of that time belongs to the applicant. And it's very difficult to determine what constitutes making due diligence on an application. And this isn't the first application that we've had this question on. So outside of this application, regardless of what council decides, we probably should have some conversations about whether uses like this should even be permitted by rights. And then separately, maybe amending council's policy about continuation of use to put some guardrails on that as well.

Thank you. Council Member Ward is recognized.

Thank you, Mr. Mayor. And I am truly concerned. I don't see progress. I mean, you've gone from 40, 50, 100, 350 violations in... six, seven months, and we still have three months left, almost four. And I don't see the progress. I see a lot more strain and stress, not only on the community, but on our public safety officers. You just stated that, I mean, I won't be addressing you, but I'm saying it was stated. that even murder has taken place. And all the things that the residents complained about, you acknowledge that you've observed this. How many officers are going to be in danger or have been put in danger in the last seven months? 350? And the planning commission, our outstanding planning commission, has recommended denial, and we are trying to overturn what the planning commission has recommended. The recommendation is to deny it. And with all due respect, what the citizens are saying and going through, I just can't understand why anybody, Councilmember, will I tell you what? I just totally, totally think that this is an atrocity. It is certainly a negative on our city. to even allow this to happen. And now we are here two, three years in the making for this activity. And part of the request in that continuation is to ask for 2 o'clock instead of 12. And I'll be honest, I think I just have a problem with alcohol being served after 12 anyway. But too much violence and too much of a strain on our public safety officers to come out there over and over and over. 350 calls in eight months. I just don't understand it. I really don't. Our outstanding planning department has recommended denial, and I support this substitute motion for denial of this request. I think it's an assault on our citizenry and really on us to let this continue.

Council Member Bunn. Thank you, Mayor West. Mr. Manager, if I could ask Captain a question. Yes, sir. Captain Newell, your being here tonight is very compelling. I appreciate you being here and sharing this information. This is so important that we get this information directly from you guys. Just a direct question. Are you aware of this establishment, this business, currently violating alcohol sales after midnight?

Yes, sir. We have confirmed through a confidential source that they are still serving alcohol past midnight. Matter of fact, three days after the planning commission hearing meeting last month, I went out there myself and the parking lot was packed. And this was after midnight. All the way up until 2 a.m.

Okay. If I could ask the city attorney a question, please.

Madam Attorney.

Madam Attorney. What can we do as a city if we know for a fact that they are breaking law? I mean, can we close them down?

Well, that's actually a clout. Oh, please.

No, please.

That's a question for the council. At this point, they do have a lawful nonconforming use. And so they are permitted to be at that location, have an eating, drinking establishment that sells alcohol up until midnight. The question that is before the council is whether they can extend that further. And so we have the continuation of uses policy, which city staff usually follows, and we do not continue to enforce if someone files their application for a use permit. So that's why we're kind of in this limbo stage right now. So you could direct us to stop applying that policy to this business, and then we could begin enforcement if they sell alcohol after midnight.

Okay. So question for the Vice Mayor. Your motion, I'm more than likely going to support it because I feel like we're going to be, basically they're not going to be able to get their continuance. They're not going to be able to serve alcohol after midnight, correct? And the parking issues, same thing. Okay. I just think it's very important that we as a council recognize that not all businesses are good businesses. We've got to do what's best for our law enforcement. We have to do what's best for our citizens. You guys don't deserve what you're going through. And I would like to see the city council definitely possibly consider making changes in our policies or laws or whatever you want to call it that don't allow bad businesses to continue being bad businesses. What's going to happen next? Another shooting? Another whatever? With that being said, again, not all businesses belong in Chesapeake. Thank you.

I think it's very clear that every council member feels the same about what we want to see happen. So I guess my question is to you, Madam Attorney. There was an original motion to continue, and then there's a motion to deny. And both the motion to continue also includes a provision for not allowing alcohol to be sold after midnight. So what's the difference between the two motions, the outcome for the residents?

Both of them essentially have the same outcome in that they will stop allowing alcohol sales after midnight. The motion to deny concludes it tonight. The motion to continue would allow final action on that to happen at a later date.

So is there any other advantage to denying the application?

It resolves the ambiguity of a pending conditional use permit because usually when we go to enforce in the courts, if someone has a pending conditional use permit, the judges are reluctant to take action against that person because they feel like they're seeking an administrative remedy. So that is the distinction.

Are we at risk of being overruled by the courts if we deny?

I believe the staff report is very solidly based. I will never put my, I guess, speak for a judge, but I do feel like you're on solid legal ground.

Thank you. Do you have any opinions about that, Mr. Manager? Thank you. Good move. Vice Mayor Ritter is recognized.

I'm going to try to choose my words carefully so that I speak to the substitute as you discussed. So to me, essentially, there's no difference in the outcome. But if I might to Ms. Lindley, does the council have the power to shut this business down with a denial of the application?

No. A denial will just establish that it is illegal for them to have alcohol sales after midnight.

And does the motion to continue and cease the sales after midnight, is that the same?

It is the same in that it would stop alcohol sales after midnight, and then the application would just be continued to a date in the future.

And I understand, and I'm sorry if you all would have to come back, but I really think we just don't have, and maybe the council would want to consider taking on the same kind of actions that some of the sister cities take about shutting down. We can't revoke a use permit that they don't have. There's so many nuances in this that I hope that this would pretty much take care of the issue, honor the wishes of the agent, and There's no difference whatsoever in the outcome. So I'm going to not support the substitute. I wish that we could shut the place down tonight. We cannot. We just cannot. I'm making the assumption without Asking the question that there are ongoing investigations and likely actions that will be taken through the courts and the legal system But I don't know that for a fact so I'll leave it at that captain Thank you so much for coming and I know that citizens appreciate your involvement Whatever way it turns out tonight. I think that we will reach the same conclusion and hope that You all will stay as good partners and good partners with the police department. Thank you.

Council Member Newlands is recognized at this time.

Thank you, Mr. Mayor. Question for Madam Attorney. I appreciate the innovation of the initial motion with the continuance with ceasing conditions, but the point you just brought up regarding enforcement, can you distinguish the difference? I think you started with the difference between if it was continued with the conditions revoked basically that they have to operate legally during this time and we do enforcement versus we deny tonight what enforcement looks like.

If we deny tonight, then at that point, you know, technically there is a 30-day appeal period. And so that, as we've talked about before, with the city's referendum provision, that actually is more of a 60-day appeal period in the court size. And so we wait to see, usually, if an appeal is filed prior to going too hard on enforcement because the judges will not allow us to. But at that point, we would act on the notice of violation, seek criminal action. create civil violations, we could file injunctions and take other relief to address the situation if these violations continue. As compared to if you just continue it tonight but direct staff to stop allowing alcohol sales after midnight, we will not be able to seek any type of enforcement at this point. We would have to wait for final action from counsel, and then we would have that appeal period, and then we would pursue enforcement. So it's just a timing issue.

So it sounds like denial tonight is We would have to wait 60 days, you said, for the appeal period for really enforcement to hold with the courts. That's fair to say. The continuance to, I think the date proposed was November. Was that accurate?

I believe November 17.

OK. So we would have to wait an additional 60 days after November to enforce. So the difference is 120 days of continuing living with this incompatible use who's been operating illegally since 2023 Are we going to believe that they're going to continue doing it or start acting legal because we're asking them now to? Or a denial tonight, 60 days, and then we can finally take some serious action against these folks. Is that fair to say the difference between the two as it relates to enforcement?

Yes.

Okay, thank you.

I have one question I have to ask.

Okay, very quick. We may need to move on.

Are you telling me we cannot enforce... the illegal action?

We can enforce, but I'm also being very transparent about the fact that a judge is likely not going to rule on anything when the appeal period is still open.

OK, but we can still do the enforcement?

We can absolutely seek enforcement, but I have not had great success with getting a judge to issue a ruling when the person has an active appeal period.

Okay. I'm still willing to take a chance on that.

Thank you. Madam Clerk, would you please read the motion?

The substitute motion?

Yes.

Is to deny PLN special exception 2025-001 and PLN use 2024-001 for the reasons listed in the staff report.

Thank you. Council members, please prepare to vote. Please vote and record. Madam Clerk.

Someone hasn't voted.

Excuse me. That's a denial.

It is a tie vote, which makes a denial.

Okay. So go to the primary motion. We have a primary motion. Madam Clerk, would you please read the primary motion?

The primary motion was to continue the item to November 17th, the two items to November 17th, 2026 city council meeting. Can I ask a point of order?

Yes.

If this item fails, what is the result?

If the original motion fails?

Well, if you have a tied motion that is a fail, you can reconsider it at the same meeting. But typically, you need to have an affirmative motion that prevails on the floor.

So if this motion to continue is a tied vote, it would be a failure, and it would be denied tonight?

Well, you wouldn't have... Well, I'll let the city...

There'd be no action taken. Right, no action taken.

It's my understanding you would continue to deliberate until one side or the other.

So let's go ahead and get ready to vote. Please prepare. Please vote and record, Madam Clerk.

On the motion to continue the two items to November 17, 2026. Did you have the wrong one? We have another tie vote, 4-4. Bunn is saying that he is voting in the negative, right? Well, you've got one of each. Which one are you choosing? Excuse me? OK, then the vote is 5-3.

Four to four. Jeff is red.

So four to four. OK. Four to four. I'm sorry. Nine lights on.

First of all, let's just open up the primary motion up for discussion. We have to continue discussing this to get to a resolution. Any discussion on the primary vote to continue this and to take action to discontinue the serving of alcohol after 12 o'clock. That's the motion, correct? Any discussion? Yes, Dr. King.

I think we need to, based on what Councilwoman Nguyen said, I think we need to move forward as quickly as possible to get some enforcement. And continuing it just extends it, and you guys continue to suffer while we've extended it. I think, honestly, if I could be the sole voter, I would say close it down tonight. But I don't have that authority. But I definitely would not support continuing it because I don't see the purpose in doing that.

Dr. Ward? Thank you, Mr. Mayor, and I agree with Dr. King. If I could close it down tonight. But the point is, now, it's made clear that 60 days, and it could be 120 days, that they're acting illegally. And the problem is, with me, the concern for our citizens, those who have been here tonight to speak, who subject them to the possibility that they're just going to keep doing this, more violence. When you go through 350 violations on our police force, And these citizens are just feeling so, I mean, I just cannot.

We'll be clear, there was 353 calls.

Well, calls because there were violations. But anyway, planning commission recommended denial of this. And it is to have these citizens possibly exposed. for not 120 days, possibly 240 days for them to continue. And they violated, and they've known they violated, and they can still violate it for another 240 days possibly. I just think it is an atrocity for us, for me anyway, to support this kind of activity without really the possibility that they could do it to our citizens. They've been through a lot over two years, and it's hurtful. I'm just hearing the police report Is even is hurtful.

I mean how many times and their lives they put in danger and this is just unbelievable Let me ask a point of order to the attorney Madam attorney Procedurally can a substitute motion be reintroduced at this time or reconsidered and

At this point, you have no motion on the floor. All motions have essentially failed. So under the Virginia Code and your own rules, you need a majority vote for a motion to prevail. So you've had two motions on the floor. Both motions failed. So at this point, yes, a new motion could be introduced.

Okay, thank you. Just being clear, because we're talking about a preference, and there's no motion on the floor for that preference. That's why I'm asking. I'll go to Council Member Smith, and then I'll ask for a motion, because Mr. Sav has his thing on there.

Yes, thank you, Mr. Mayor. I'm back to my same point that I made in the beginning, is that both parties are not here, and what precedent are we setting when one party is not here to represent themselves? I understand what you all are going through, but if this was a court of law, both parties need to be present, especially when someone asks for a continuance, and that's not happening here. So we can't look at this case single-handedly by itself because you look at other cases down the road having the same issue at heart We shouldn't operate that way. So that's why I'm saying what I'm saying as far as us. Jeff. So before we.

Go ahead. I'm sorry.

You go ahead. Not allowing this to happen because we're jumping the gun as far as not following procedures.

Thank you. So let me, before we have any other discussion, let me ask the council, since we do not have a motion on the floor to be discussing, is there a motion on the floor? Influence violence.

I move denial.

I second that motion. The denial from Council Member King and a second by Council Member Newings is open for discussion. I'll go to Ms. Ritter.

I'm going to make a substitute motion to continue the item until November 17th. However, to notify the business in writing that it must immediately stop selling or permitting the consumption of alcohol after midnight unless and until a conditional use permit is approved.

We have a substitute motion. We have a second on the substitute motion. Council Member Whitaker. I'll second that. Thank you. Any further discussion on the substitute motion? Ms. Ritter.

I think I've said exactly what I need to say. To me, there is no difference at all in the outcome. Whether or not it's appealed is a chance that we take. And I have one question, I guess, for the attorney. I'm listening to all the discussion. Does this vote tonight shut down the establishment? Whether there's a denial or a continuance?

No.

Does it end their ability to sell alcohol before midnight?

No.

What would it take to do that?

We need to deny the use permit and then begin enforcement if there's continued violations.

But we can't enforce now?

If you have the motion and direct staff to stop applying the policy, then we can stop doing that. But staff obviously follows counsel's direction. And so that is why staff has not been enforcing it at this point.

Right. And I believe that was in the motion, that staff would begin to. And that would include the police department, development and permits, and any other agency deemed necessary by the manager.

Thank you.

Council Member Newitz?

Thank you, Mr. Mayor. There was a comment about a continuance, and I certainly respect Council's position on a continuance. But Madam Attorney, our policy on continuance is Council gets to ultimately make the decision whether or not we approve or deny a continuance. It's not entitled by right.

Correct.

OK. As it relates to enforcement, when we keep saying we can enforce, we can enforce, what physically does enforcement look like? Are we just serving them with a piece of paper saying, you're violating our code, stop?

Well, you have to start with a notice of violation if you want to move forward to any type of injunctive relief So yes, typically we have a notice of violation and then there's a court date in general district court You get a criminal violation at that point and then you build up to other actions whether that could be trying to shut down a building for any number of violations or Injunctive relief. Okay, so it is really kind of case specific. I

So your position, though, is we first send them the letter, the notice of violation, and we get a court date. It's very unlikely if we have some pending hearing before the council that we're going to go forward on that court date, that the court would go forward or take action on that court date if we had the matter continued.

Yes. Typically, they would not want to take action if there's a pending administrative hearing or legislative process. The court does not substitute their judgment for a legislative body.

So we could issue a notice of violation every single day for the next 120 days, and the court is likely to put a pause on it until we take a final action? Technically, yes.

Based on your experience. We don't issue violations every day, but yes. The general answer is yes, the court.

Okay. So I guess my position is, if the police department isn't strong enough to stop this business from wanting to do the right thing, if they're having to sit there every night, a captain at that is having to go out there, not just a patrol officer. A captain is going out there, sitting there, I'm sure in a marked vehicle. very loud that they're a Chesapeake Police Department, and they're still violating. Three days after planning commission, they're violating. Then they're going to continue to violate, very likely based on precedent, throughout this 120 day period. And if the police department enforcement is not going to stop them, Can in good faith say that this piece of paper we're going to send them is going to stop them So I cannot support a continuance for those reasons I understand that the rationale between if anyone asks for a continuance on one side We should try to do our best to grant it. I just think this is an extraordinary circumstance I would normally consider a continuance when it's the first time up before council, but this is I think a threat to our community safety and not just our community, but our law enforcement. At this note, we're going to have another 200 calls before we even hear this item. And those are our officers that we're going to put at risk. And sure, they're initiating the calls themselves to prevent another homicide. That's wonderful that we're doing that. But those calls are real, in my opinion, that you're going out there. Even though you're initiating them, those are real calls for service that you're doing the preventative work. You're risking your lives. And I don't think I can in good faith say, stand by for another 120 days And we'll come back and we'll make the finality then. So I do not support the substitute motion. So I'm going to vote to deny the substitute.

Before I call anyone else, as I am going to call a question and ask for a vote, but let me just ask everyone to please consider. We need to resolve this issue. We don't need to win an argument. We need to resolve the issue. In about four hours, they're going to be serving more alcohol, and we keep talking about it. For the next two weeks, they'll keep serving more alcohol. So let's get this thing resolved. We have a motion to content to that. Ms. Ritter, would you repeat your motion? Not the whole thing, just your substitute motion.

You did. Say it again.

Motion is?

I'm waiting for the conversation to be over.

Go ahead, please.

Therefore, I move to grant the continuance and direct staff to notify the business in writing that it must immediately stop selling or permitting the consumption of alcohol after midnight unless and until a conditional use permit is approved.

Thank you, counsel. Please prepare to vote. Please vote and record. Madam Clerk.

Motion fails for a tie.

We're going back to the primary motion. I believe that's your motion, Ms. Nutt? Council Member Kings. Council Member Kings. Motion, Madam Clerk, would you mind repeating the original motion?

The motion is to deny PLN special exception 2025-001 and PLN use 2024-001. Motion to deny.

Council, please prepare to vote. Please vote and record.

Motion to deny PLN special exception 2025-001 and PLN use 2024-001 is adopted by a 6-2 vote.

Thank you. Thank you very much. Next is unfinished business. Does any council member have any unfinished business they'd like to bring up at this time?

Oh, I'm sorry.

Seeing none, is there any new business council members have at this time? Seeing none, Madam Attorney, do we have a closed meeting? Oh, I'm sorry. Council Member Bunn is recognized. And then Council Member Jeffries.

Thank you, Mayor West. First, I want to give a shout-out to our staff for conducting, I think, a very productive City Council retreat last week. During the discussions, we did discuss about continuances. Surprise, surprise, we're talking about that again tonight. I'm going to ask staff to please, when you're crafting up these options for approving or denying continuances, I'm hoping that staff will continue putting a cap on the number of continuances and require that all continuances requests for land use application be submitted to the city clerk at least two weeks prior to public hearing. And I do recognize there may be some incidents for emergencies, so a provision could be allowed that council will grant continuous incidents to meet the timeline in case of an emergency. Thank you so much. Mr. Councilman Jeffers?

Yes, sir, Mr. Mayor. Mr. City Manager, it's come to my attention that in the not-so-distant past, there were some commitments made by council to update the gateway, Portsmouth Boulevard, and Western Branch area of the city. Are you able to follow up with the progress on that?

Yes, sir. Just at a very high level, there's a capital improvement project for Gateway. I don't want to call it beautification. It's pretty significant streetscape improvements along Portsmouth Boulevard. And that's kind of a little bit of public-private partnership with all the private reinvestment that's happening in that corridor. So we'll get you information on where that project stands. Thank you.

Thank you. Thank you. Any other? Any business? Seeing none, we do not have a closed session. Is that correct?

I have a motion that needs to be read into record.

Police.

A motion to conduct a closed meeting on Tuesday, September 22, 2026, at 4.30 p.m. in Chesapeake City Hall to discuss and consider appointments to city boards, commissions, and authorities for the purpose of discussing candidates for the Bicycle and Trailside Advisory Committee, Commission on Health and Well-Being, the Land Bank Citizen Advisory Committee, National Event Mitigation Advisory Committee, Public Art Committee, Southeastern Virginia Alcohol Safety Action Program, Towing Advisory Board, and the Utility Review Board, as permitted by Section 2.2-3711A1 of the Code of Virginia.

Thank you. Motion, please. Move approval. Thank you, Dr. Ward. Second. Dr. King, thank you. Please prepare to vote. Please vote and record.

Motion to conduct a closed meeting is adopted by an 8-1 vote.

Thank you.

At this time, I'd like to... Oh, I didn't mean to do that. Okay. Can we redo that, please? Yes.

Vote again. Please prepare to vote. Please vote and record.

Motion to conduct a closed meeting is adopted by a 9-0 vote.

Thank you. Next, I would like to recognize Council Member King for our benediction.

Lord, we thank you for allowing us to conduct business here today. We thank you for your presence and for your guidance. Please keep us under your wing as we depart this place. Deliver us safely home or to wherever our next destination may be. Amen.

Amen. Bye. Thank you. Thank you. Bye. Thank you.

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¶¶ Thank you.

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