Docket Item "A" STC-14-01
Parkway Road Street Closure
CITY COUNCIL PACKAGE FOR
SEPTEMBER 23, 2014
Page 1 – 2 Petition Summary
3 – 5 Planning Commission Draft Minutes 6 – 7 Street Closure Agreements 8 – 9 Staff Report: August 13, 2014
10 – 15 August 1, 2014 16 Site Plan 17 Aerial 18 GIS Parcel Exhibit
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PETITION SUMMARY
STC-14-01 Parkway Road Street Closure
LOCATION: Parkway Road adjacent to the south of 3904 Parkway Road
PROPOSAL: A right-of-way closure request for 3,931± square feet at the eastern terminus of Parkway Road.
SUBMITTED: 3-10-14 ACCEPTED: 3-21-13
STAFF RECOMMENDATION
Approval with stipulations
PLANNING COMMISSION
HEARING DATE: 8-13-14
RECOMMENDATION: DENIAL
VOTE: 8 - 0
ATTACHMENTS
Draft Minutes, Street Closure Agreements, Staff Reports, Site Plan, Aerial, GIS Parcel Exhibit
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PETITION SUMMARY
STC-14-01 Parkway Road Street Closure
PRIMARY PETITIONER: Kenneth R. Sr. and Lisa M. Campbell 3904 Parkway Road Chesapeake, VA 23321 435-2459 [email protected]
PETITIONER: Kenneth and Holly Casper 3905 Parkway Road Chesapeake, VA 23321 686-5446 No email address
3 Chesapeake Planning Commission
DRAFT August 13, 2014 Public Hearing Minutes
STC-14-01 PROJECT: Parkway Road PETITIONER: Kenneth and Lisa Campbell PROPOSAL: A right-of-way closure request for 3,931± square feet at the eastern terminus of Parkway Road. ZONE: R-15s, Residential District LOCATION: Parkway Road adjacent to the south of 3904 Parkway Road TAX MAP SECTION/PARCELS: 0161010000110, 0161010000120, 0161010000130, 0161010000140 BOROUGH: Western Branch
PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommends that STC-14-01 be DENIED. (8-0; Van Laethem/Bell, Small excused)
Mrs. Hanson read STC-14-01 into the record for Commission review and action.
Staff Presentation:
Mr. Howlett stated that based on sound planning practices, Planning staff recommended that STC-14-01 be APPROVED with the stipulations as listed in the official agenda.
Proponent:
Ken Campbell, Petitioner, 3904 Parkway Road, Chesapeake, Virginia, appeared before the Commission on behalf of STC-14-01 representing himself.
Lisa Campbell, Petitioner, 3904 Parkway Road, Chesapeake, Virginia, appeared before the Commission on behalf of STC-14-01 representing herself.
Opponent:
Jim Powell, 3913 Parkway Road, Chesapeake, Virginia, appeared before the Commission in opposition to STC-14-01 representing himself.
Margaret Powell, 3913 Parkway Road, Chesapeake, Virginia, appeared before the Commission in opposition to STC-14-01 representing herself.
Craig Groman, 3908 Parkway Road, Chesapeake, Virginia, appeared before the Commission in opposition to STC-14-01 representing himself.
Wally T. Allen, 3912 Parkway Road, Chesapeake, Virginia, appeared before the Commission in opposition to STC-14-01 representing himself.
4 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes
Gale R. Gibson, 2205 Branch Drive, Chesapeake, Virginia, appeared before the Commission in opposition to STC-14-01 representing herself.
Edward McLain, 3921 South Road, Chesapeake, Virginia, appeared before the Commission in opposition to STC-14-01 representing himself.
The citizens who spoke in opposition were concerned that City property had been “given away” to a citizen and had allowed that citizen to construct a private pier on this property, without a permit. They also stated that the construction of the pier had blocked river access to 10 families from using their water front property and that their property values had now decreased.
Numerous e-mails opposing to this street closure application were also received.
COMMISSION DISCUSSION:
Commissioner Van Laethem stated that he reviewed the draft minutes from the Board of Zoning Appeals (BZA) for this application and that the location of the pier remained in violation per the Zoning Administrator. In the minutes, the Zoning Administrator went on to say that the decision not to purchase a building permit, not to honor the written agreement, and constructing the pier on City property had caused problems on this site which was the reason for the variance request. Commissioner Van Laethem asked the Director of Development and Permits if the variance was disapproved by the BZA Board and asked if the statements he read were substantially correct. The Director of Development and Permits confirmed that the variance was not approved and the statements he read were correct.
The City Attorney’s office stated that she was not at the meeting but did review the BZA staff report and said they were addressing the non-compliance of the lot line not being vacated which was a stipulation to this application that needed to be satisfied.
Commissioner Van Laethem also said that the Zoning Administrator signed a letter stating that in order to correct the problem the applicant had agreed to vacate the property line on the parcel that the Attorney’s Office was referring to. Commissioner Van Laethem asked if this had been done. The City Attorney’s Office said not at this time but that it was a condition of the street closure application and that he would have to complete within 90 days and have it recorded.
Commissioner Van Laethem asked if approval of this street closure would remove the grandfathering from the Chesapeake Bay Preservation Area (CBPA) and would the applicant and adjacent owner have to go before the CBPA Board to verify that their piers were in accordance with the law. The City Attorney’s Office stated the piers would be lawful and that anything that was there now would go before the CBPA Board and that they would lose their grandfather status for anything in the future.
The Director of Development and Permits stated that the zoning issue would still need to be corrected and that would be independent of the street closure.
5 Chesapeake Planning Commission
DRAFT August 13, 2014 Public Hearing Minutes
Commissioner Williams asked the applicant why he wanted to close the road. The applicant said he wanted to eliminate the license agreement with the City of Chesapeake.
Commissioner Bell asked the applicant what was at stake if this application was denied. The applicant replied that he could not talk about that right now.
COMMISSION VOTE:
Commissioner Van Laethem moved that STC-14-01 be DENIED because there were viable and potential public uses for this City property and therefore, he did not believe it would be in the public’s best interest to close this particular street. Commissioner Bell seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.
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Parkway Road STC-14-01
PETITIONER: Kenneth and Lisa Campbell PROPOSAL: A right-of-way closure request for 3,931± square feet at the eastern terminus of Parkway Road. ZONE: R-15s, Residential District LOCATION: Parkway Road adjacent to the south of 3904 Parkway Road TAX MAP SECTION/PARCELS: 0161010000110, 0161010000120, 0161010000130, 0161010000140 BOROUGH: Western Branch
