Parkway Road Street Closure

Lots adjoining the proposed street closure

1 Tax Parcel Number 0161010000140 triangularshaped lot with pier which is adjacent tothe Caspers lot with the residence

2 Tax Parcel Number 0161010000120 aka 3905 Parkway Road aka Lot 12 on theJoseph Gardens subdivision plat Lot where the Caspers residence is located

3 Tax Parcel Number 0161010000130 triangularshaped lot with pier which is adjacent tothe Campbells lot with residence

4 Tax Parcel Number 0161010000110 aka 3904 Parkway Road aka Lot 11 on theJoseph Gardens subdivision plat Lot on which the Campbells residence is located

Timeline of Relevant Events

February 26 1950 The subdivision plat of Joseph Gardens was recorded The plat was signedand approved by the County Engineer for Norfolk County and showed the rightofway turnaboutBased upon the laws in place at that time such signature constituted acceptance of the ownershipof the rightofway and turnabout shown on the plat

Time period unknown The previous owner of 3905 Parkway Road constructed a pier on TaxParcel Number 0161010000140 and reinforced the road in the Citys rightofway with a railroadtie bulkhead approximately 5 high across the width of the rightofway While the City isuncertain when the road was reinforced we believe the permit for the pier was also issued in2008

October 2 2008 The Campbells owners of 3904 Parkway Road submitted a building permitapplication and site plan for the pier The permit issued on 1022008 was issued in error as aresidential structure was not on the same lot as the proposed pier as required by the ChesapeakeZoning Ordinance The Campbells began constructing their pier The City received a complaintabout the pier investigated the site and discovered that the permit was issued in error

October 16 2008 The City posted a stop work order on the pier and started meeting with theCampbells and the other neighbors to resolve the issue The result of this meeting was that thelocation of the pier was moved and the pier would be built within the Citys rightofway The Cityfelt that this solution alleviated all parties concerns as the new location did not block the wateraccess for upstream neighbors to the same extent as that in the previous plans and allowed theCampbells to construct a pier To that end the City drafted a license agreement to enable theCampbells to construct a pier within the Citys rightofway

December 23 2008 The City entered into a license agreement with the Campbells Theagreement allowed the pier to be constructed in the Citys rightofway to address the neighbors

concerns on accessing their properties upstream by water The license agreement also requiredthe Campbells to construct a residential dwelling on parcel 0161010000110 within two years andto vacate the property lines between parcel numbers 0161010000110 and 0161010000130 tocorrect the outstanding zoning violation

August 19 2009 As a result of citizen complaints the City became aware of concerns about thepier location obstructing waterway access The City ManagersOffice facilitated a meeting withCity employees the US Army Corp of Engineers and the Virginia Marine Resources CommissionThese officials have authority over the navigation and water access rights for all of the neighborsThose officials approved the location of the pier based on the Army Corp of Engineers definition ofnavigable waters

February 28 2011 The City granted Mr Campbell a 90 day extension to complete construction ofthe residential structure as required by the license agreement The structure was completedwithin this time frame but the lot line was not vacated

July 13 2012 The Caspers purchased 3905 Parkway Road

July 24 2014 The Campbells filed a variance application with the Board of Zoning Appeals BZAto reduce the required street frontage and width requirements imposed by the Zoning OrdinanceThe BZA denied the request The Campbells filed this application because the currentconfiguration of their lot does not meet the requirements of the Zoning Ordinance

March 10 2014 The Campbells filed a street closure application along with a title report whichconcluded that the City has fee simple ownership in the rightofway and turnabout

August 12 2014 The City AttorneysOffice Zoning Administrator and Planning Department metwith Mr Campbell and Mr Casper to discuss the street closure and its impact on both propertiesAs a result of this meeting Mr Casper decided to join the street closure application At that pointMr Casper stated that he wanted to participate because he did not want ownership of the portionof his pier in the Citys rightofway to go to Mr Campbell

August 13 2014 The Planning Commission heard the street closure application The Commissionrecommended that the street closure be denied by a vote of 80 There were numerous speakersat the hearing that night Based on the discussion and the comments made the Commissionvoted to recommend denial because they did not feel there was a significant need justifying thegranting of the street closure

September 15 2014 WAVY aired a story discussing the Campbells pier and neighbor concernsabout it as well as the Citys role in permitting the pier and acting on the street closure petition

September 23 2014 The street closure application scheduled for City Council determination wascontinued at Mr Campbellsrequest due to his being out of the country Mr Casper spoke toCouncil stating his participation but neutral position in the petition Several other neighbors werepresent and prepared to speak but were not called to speak due to matter being continued to theOctober 21 Council meeting Council Member Ritter advised Mr Casper to meet with staff

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October 15 2014 The City AttorneysOffice Zoning Administrator and Planning Department metwith Mr Casper We discussed the street closure and all of the possible implications for theCaspers We further set up a meeting between Mr Casper and the Citys newlyhired ChesapeakeBay Preservation Area CBPA employee so he can answer further technical questions for MrCasper

October 15 2014 The Campbells recorded a deed vacating the lot lines between parcel numbers0161010000110 and 0161010000130

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Docket Item "D" STC-14-01

Parkway Road Street Closure

CITY COUNCIL PACKAGE FOR OCTOBER 21, 2014

Page 1 – 2 Petition Summary

3 – 5 Planning Commission 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

1 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

CITY COUNCIL

HEARING DATE: 9-23-14

ACTION: CONTINUED TO October 21, 2014

VOTE: 7 - 0

ATTACHMENTS

Minutes, Street Closure Agreements, Staff Reports, Site Plan, Aerial, GIS Parcel Exhibit

2 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 lisa@hotncoldps.com

PETITIONER: Kenneth and Holly Casper 3905 Parkway Road Chesapeake, VA 23321 686-5446 No email address

3 Chesapeake Planning Commission

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 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

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