Docket Item "C" ST.C-11-03

Preble Street Closure

CITY COUNCIL PACKAGE FOR

SEPTEMBER 20, 2011

Heard by Planning Commission on September 14, 2011

Page 1 – 2 Petition Summary 3 – 4 Planning Commission Minutes 5 – 6 Street Closure Agreement 7 – 9 Staff Reports: September 13, 2011

10 – 15 September 8, 2011 16 Site Plan 17 GIS Parcel Exhibit

1

PETITION SUMMARY

ST.C-11-03 Preble Street Closure

LOCATION: Preble Street, west of Truxton Street and north of Poindexter Street.

PROPOSAL: A street closure request for approximately 408.11 feet of Preble Street (unimproved) running south from Jefferson Street toward Poindexter Street (24,487 SF).

SUBMITTED: 7-11-11 ACCEPTED: 7-14-11

CITY COUNCIL

HEARING DATE: 8-16-11

ACTION: APPROVED FOR CONCURRENT ADVERTISING

VOTE: 8 - 0

STAFF RECOMMENDATION

Approve with stipulations

PLANNING COMMISSION

HEARING DATE: 9-14-11

RECOMMENDATION: APPROVED with stipulations

VOTE: 9 - 0

ATTACHMENTS

Minutes, Street Closure Agreement, Staff Reports, Site Plan, GIS Parcel Exhibit

2

PETITION SUMMARY

ST.C-11-03 Preble Street Closure

PETITIONER/OWNER: Norfolk & Portsmouth Belt Line Railroad Company Attn: Donna Coleman 1050 Virginia Avenue Portsmouth, VA 23707 393-2622 donna.coleman@nscorp.com Board of Directors: Mr. C. H. Allison Mr. S. C. Armbrust Mr. T. J. Drake Mr. F. J. Eliasson Mr. D. H. Stinson, President and General Manager Mr. M.J. Wheeler Mrs. D. N. Coleman, Vice President, Secretary and Comptroller Mrs. P. D. Nelson, Treasurer

AGENCY: Crenshaw, Ware & Martin, PLC Attn: Howard W. Martin, Jr. 1200 Bank of America Center Norfolk, VA 23510 623-3000

3 Chesapeake Planning Commission

DRAFT September 14, 2011 Public Hearing Minutes

ST.C-11-03 PROJECT: Preble Street Closure APPLICANT: Norfolk & Portsmouth Belt Line Railroad Company AGENCY: Crenshaw, Ware & Martin, PLC PROPOSAL: A street closure request for approximately 408.11 feet of Preble Street (unimproved) running south from Jefferson Street toward Poindexter Street (24,487 SF). ZONE: M-2, General Industrial District LOCATION: Preble Street, west of Truxton Street and north of Poindexter Street. TAX MAP SECTION/PARCEL: adjacent parcel 1320000000820 BOROUGH: South Norfolk (This item was approved for concurrent advertising and will be heard by City Council on September 20, 2011)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that ST.C-11-03 be APPROVED with the following stipulations: (9-0; Small/Van Laethem)

1. The petitioner agrees to pay the City of Chesapeake through the Planning Department the sum of $50,000.00 within ten (10) calendar days of the final approval of the closure of the subject alley by City Council, unless City Council waives the street closure purchase price. Failure to remit this fee in a timely manner renders the street closure null and void, except as provided for in stipulation # 3.

2. The petitioner shall vacate all interior property lines of Tax Parcel 1320000000820, including the former right of way line, by an approved plat of resubdivision or deed. The plat or deed shall be filed for recording within 10 days of the date that City Council approves ST.C-11-03.

3. In the event that City Council decides to waive the purchase price for the street closure area, the petitioner agrees to dedicate, at no cost to the City, public drainage easements (including permanent improvements, temporary construction, temporary ingress and egress and permanent access for maintenance and repair) to facilitate the City’s Halifax Lane outfall project. The exact dimensions and specifications for the easements, and the language of the deeds, shall be subject to agreement between the petitioner and the City. The deeds of easements shall be fully executed within 10 days of the date that City Council approves ST.C-11-03, unless a longer period of time is agreed to by the Director of Public Works. In no event shall title in the street closure area pass to the petitioner until the deeds have been fully executed by the petitioner. If the petitioner and the City are unable to complete this transaction within the time period set by this stipulation

4 Chesapeake Planning Commission

DRAFT September 14, 2011 Public Hearing Minutes

or by the Director of Public Works, the petitioner may purchase the street closure area for the amount specified in stipulation #1 within 10 days of the expiration of (i) the time period set by this stipulation or (ii) the time period set by the Director of Public Works.

4. The City hereby reserves a public utility easement 30 feet in width as measured from the western edge of the street closure area and running the entire length of that area from north to south. The petitioner shall install a 15 foot wide all-weather surface for ingress/egress within the easement area acceptable to the Director of Public Utilities and within the time period established by the Director. The petitioner shall execute a deed of easement and exhibit reflecting this reservation acceptable to the Director within 10 days of the date that City Council approves ST.C-11-03.

5. The City hereby reserves a public drainage easement 30 feet in width as measured from the western edge of the street closure area and running the entire length of that area from north to south. The petitioner shall execute a deed of easement and exhibit reflecting this reservation acceptable to the Director of Public Works within 10 days of the date that City Council approves ST.C-11-03.

6. The applicant agrees to abide by any other conditions imposed by City Council in the vacation of the right-of-way.

Mrs. Hanson read ST.C-11-03 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended ST.C-11-03 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

James Chapman, Agent, Crenshaw, Ware & Martin, PLC, 150 West Main Street, Norfolk, Virginia, appeared before the Commission on behalf of ST.C-11-03 representing the applicant.

COMMISSION VOTE:

Commissioner Small moved that ST.C-11-03 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9-0.

5

6

7

8

9

10

11

12

13

14

15

16

17

Preble Street Closure ST.C-11-03 APPLICANT: Norfolk & Portsmouth Belt Line Railroad Company AGENCY: Crenshaw, Ware & Martin, PLC PROPOSAL: A street closure request for approximately 408.11 feet of Preble Street (unimproved) running south from Jefferson Street toward Poindexter Street (24,487 SF). ZONE: M-2, General Industrial District LOCATION: Preble Street, west of Truxton Street and north of Poindexter Street. TAX MAP SECTION/PARCEL: adjacent parcel 1320000000820 BOROUGH: South Norfolk