Petition for Norfolk's Bay Oaks park back in play

NORFOLK
Saying they have run out of patience, a group of residents plans to kick off another petition drive to force city leaders to turn a chunk of land in East Ocean View into a park.
Norfolk officials say the drive is divisive and unnecessary. They hope to end the controversy in September, when the City Council is scheduled to discuss the issue.
"It's a huge waste of time and effort," City Councilman Barclay C. Winn said. "I don't know what they think they can accomplish by doing that. I wish they would wait."
Bill Kerry, who heads the Bay Oaks Committee, told the council last month that unless it acted within 30 days to rezone the property to recreation and open space, there would be another petition drive. The 30 days ended Thursday.
"Everything we've learned about what the city is doing, we learned through the newspaper," Kerry said. "They never communicate with us."
The committee grew upset over the issue five years ago. At the time, the group was told that no housing would be built on the site. But officials later acknowledged that their plans for the property included housing.
The council then voted to rezone the land to include housing and a park. Upset over the rezoning, the Bay Oaks Committee circulated petitions to force the city to undo the zoning.
The city challenged the validity of the petitions in court, but the Bay Oaks group prevailed in the Supreme Court of Virginia in June 2007. The council then unanimously reversed the zoning.
Last summer, committee officials met with Mayor Paul Fraim. They say they wrested a promise from him to stay in touch and work with the group.
In the past year, the council has discussed the issue at a retreat and held a couple of public hearings.
"We have not done anything to that property," Fraim said. "And we won't without talking to the Bay Oaks group."
If the group garners 800 signatures and the council does not schedule a vote on rezoning the land, the subject would go to a referendum, Bay Oaks officials say. Even so, the only thing the group can force the council to do is vote, Winn said.
"We could simply vote no," he said.
Winn said he urged the group to back off until after the council's September retreat. During the meeting, Planning Director Frank Duke is expected to discuss a way to reach a compromise with the group.
"The plan Frank will introduce is probably something the Bay Oaks people would like," Winn said. "A very significant portion of the land will be set aside as a park."
Duke won't reveal details of his plan other than to say that it includes some recreation and open space and housing. The land extends from 3rd Bay to 7th Bay streets along East Ocean View Avenue.
Harry Minium, (757) 446-2371, harry.minium@pilotonline.com