4 August 8, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: ARAI AMERICAS, INC.

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1 4 August 8, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: ARAI AMERICAS, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of the Conditions of a Street Closure for a portion of Bayside Road approved by City Council on June 22, 1999 ADDRESS / DESCRIPTION: Right-of-way adjacent to 5878 Bayside Road GPIN: ELECTION DISTRICT: BAYSIDE SITE SIZE: acres AICUZ: Less than 65 db DNL The Street Closure was approved by the City Council on June 22, 1999 and has six conditions: SUMMARY OF REQUEST 1. The applicant is required to dedicate a relocated cul-de-sac as depicted on the submitted plans. 2. The City Attorney s office will make the final determination regarding the ownership of the underlying fee. The applicant will not be required to purchase the right-of-way proposed for closure due to the rededication of additional right-of-way as depicted on the submitted plans. 3. The applicant is required to re-subdivide the property and vacate internal lots lines to incorporate the closed area into the adjoining parcels. 4. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council; otherwise the closure approval shall be considered null and void. 6. The applicant shall dedicate a public utility and drainage easement over the entirety if the area proposed to be closed. The area of the easement may be reduced upon determination by the Director of Public Works that an area less than required herein will satisfy city needs. Page 1

2 Condition 1 states the applicant is required to dedicate a relocated cul-de-sac as depicted on the submitted plan. When the subdivision plat was submitted and recorded as required by Condition 2 of the Street Closure, the Subdivision Agreement required that the applicant construct the cul-de-sac. The applicant is requesting modification of Condition 1, as the applicant does not want to build the cul-de-sac, and would rather dedicate a public easement from the Bayside Road right-of-way across their property. The Department of Economic Development was granted a street closure on a portion of Bayside Road located to the north in September The plat vacating the right-of-way lines and establishing the new location of the cul-de-sac was recorded in October In June 1999, the City Council approved a street closure for an area within the cul-de-sac bulb. A plat for the vacation of right-of-way lines in the cul-de-sac bulb and dedication of the relocation of the bulb was recorded on June Construction plans for the construction of the cul-de-sac were approved in 1992 and Bonds were also posted for the construction. The applicant desires to have the requirement for building the cul-de-sac waived, as this portion of Bayside Road serves only two properties, the applicant s property and property immediately north, owned by the Norfolk Airport Authority. The Norfolk Airport Authority property is located within the Clear Zone for the airport and will not be developed. Should the Authority decide to develop the property in the future, right-of-way providing access exists at their property line. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office / warehouse, parking, and landscaping SURROUNDING LAND USE AND ZONING: North: Norfolk Airport Authority property / I-1 Light Industrial South: Bayside Road East: Railroad tracks, Air Rail Avenue West: Norfolk Port and Industrial Authority property / I-1 Light Industrial NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Burton Station / Northampton Boulevard Corridor Strategic Growth Area 1 The Northampton Boulevard Corridor Strategic Growth Area implementation plan states that Improvements to the existing Airport Industrial Park maintain all existing buildings and increase connectivity and access. Baker Road is extended to reach Bayside Road, and Air Rail Avenue is extended beyond the train tracks to access the port to the north. Some new industrial development allows the Park to expand and connect to the commercial corridor at Northampton Boulevard and Diamond Springs Road. With improved road access and connections to major arterials, parcels within Airport Industrial Park can be redeveloped to more intense uses over time. Page 2

3 CITY SERVICES WATER and SEWER: Please provide a public utility easement of adequate width (a minimum of 20-feet) to accommodate the existing 12-inch ductile iron water line. No structures or parking will be permitted within the easement. PARKS and RECREATION: No objections to the modification. PRIVATE UTILITIES: Virginia Natural Gas No objections to the modification; Dominion Virginia Power No objections to the modification; Hampton Roads Sanitation District No comments. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The viewer s met on July 12 and determined that the modification to Condition 1 of the Street Closure would not result in any inconvenience to the public. The dedicated cul-de-sac bulb will remain in place. The only change to the current situation is that the applicant will not be constructing the physical improvements for the cul-desac. As stated in the Summary of Request section of this report, this portion of Bayside Road serves only the ARAI Americas site and the Norfolk Airport Authority site. The airport site will not be developed, as it is located within the Clear Zone of the airport runways. To eliminate any inconvenience to the public who may drive down this portion of Bayside Road and not be able to turn around, the applicant proposes dedication of a public easement over their property, which will allow drivers to go around the applicant s building and return to Bayside Road. The dedication of the easement is a simple solution to construction of right-of-way improvements that are really not needed in this area. In sum, staff recommends approval of the request with the conditions below. CONDITIONS 1. All conditions, with the exception of Condition 1, attached to the Street Closure granted by the City Council on June 22, 1999 remain in effect. 2. Condition Number 1 of the June 22, 1999 Street Closure approval is deleted and replaced with the following: The applicant shall record a Deed of Easement that describes the proposed public easement on the property. The width of the easement shall be determined during detailed subdivision plat review. The easement shall also contain language that details the applicant s responsibility to maintain the public easement. The applicant shall also record a new Page 3

4 Subdivision Plat that depicts the area of the public easement described in the Deed of Easement. The applicant shall not be required to construct the cul-de-sac unless, in the future, the applicant or owners in succession vacate the public easement. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 AERIAL OF SITE WITH CUL-DE-SAC DEDICATED IN 2000 HIGHLIGHTED Page 5

6 PLAT RECORDED IN 2000 Page 6

7 1999 STREET CLOSURE EXHIBIT Page 7

8 3 1 2 ZONING HISTORY # DATE REQUEST ACTION 1 2/12/02 Conditional Use Permit (Communication Tower) Approved 2 9/8/98 Conditional Use Permit (Communication Tower) Approved 3 9/18/98 Street Closure Approved Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10

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