7 February 8, 2012 Public Hearing APPLICANT : 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY

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1 7 February 8, 2012 Public Hearing APPLICANT : 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY STAFF PLANNER: Leslie Bonilla REQUEST AND ADDRESS: Discontinuance, closure and abandonment of a portion of right-of-way located adjacent to 1168 First Colonial Road. GPIN: Adjacent to property identified as ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 1,500 square feet AICUZ: 70 to 75 db DNL Sub Area 3 SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of a 35 to 55-foot wide portion of a landscaped, variable width section of right-of-way for the purpose of incorporating the closed area into their adjoining office lot. Once incorporated into the main lot, the applicant s intention is to install a sign that is visible from First Colonial Road within the additional lot area gained from the proposed street closure. The sign is proposed as an eight-foot tall free-standing monument-style sign, with a width of 14.3-feet. Currently, First Colonial Road curves in front of the applicant s site (1168 First Colonial Road), making it difficult to see from a passing vehicle any sign installed on the applicant s site. The proposed street closure will increase the visibility of the applicant s site from First Colonial Road. Any installed signs must comply with Zoning Ordinance requirements, which will include landscaping. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Sidewalk with adjacent landscaped area. Page 1

2 SURROUNDING LAND USE AND ZONING: North: South: East: West: Mill Dam Court Office buildings / O-2 Office District Single-family dwellings / R-15 Residential District First Colonial Road Across First Colonial Road are office buildings / O-2 Office District Urgent care facility / O-2 Office District Mill Dam Road and First Colonial Road Across Mill Dam Road and First Colonial Road are office buildings / O-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known natural resources or significant cultural features associated with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: According to the Master Transportation Plan adopted in May 2010, the street closure area is within area designated for an ultimate six-lane, 150-foot right-of-way for the future First Colonial Road (Great Neck to Virginia Beach Boulevard). If granted, easements would be required for the following existing drainage and utility facilities: a. Gravity main; b. 16-inch water main; c. Storm drain inlets and a concrete swale; and d. Private utilities. PUBLIC UTILITIES (WATER & SEWER): There is a six-inch sanitary sewer line and manhole as well as an eight-inch water line with detector in the area requested for closure. In order to close this area of right-of-way, a variance would have to be approved by Public Utilities Management during the detailed re-subdivision plat review to allow public facilities within an easement, or the detector check would have to be relocated outside of the closed area into existing right-of-way and a new manhole would need to be set at the new right-of-way line to delineate public/private utilities. Easements may also be required for existing infrastructure in the area. It is the responsibility of the applicant to work with the Development Services Center to request any variances. PRIVATE UTILITES: Virginia Natural Gas indicates that they have a service line that crosses through the area to be closed and serves the site located at 1168 First Colonial Road. Virginia Natural Gas will not, however, require an easement as there are no gas mains in the area to be closed. Dominion Power indicates that they have overhead facilities in the area, and recommends precaution be taken to ensure safe clearances when using equipment in the area. In sum, none of the private utility companies have any objections to the proposed request. PARKS & RECREATION: Parks and Recreation is not opposed to this street closure. There is an existing Page 2

3 sidewalk section within the area to be closed, but the sidewalk is not part of the main sidewalk circulation system in the area, which follows First Colonial Road. It is doubtful that pedestrians now use this sidewalk, as it is a remainder of the old roadway. Any future bike/pedestrian improvements can be accommodated on the portion of the right-of-way that will remain in public ownership. Staff recommends approval of the closure with conditions. EVALUATION AND RECOMMENDATION The portion of the right-of-way proposed for closure is part of a landscaped area with sidewalk. A monument style, free-standing sign is proposed in this area. The sign is consistent with the character of the surrounding Office Districts and should not negatively affect the surrounding community. The area around the sign will be landscaped and it is conditioned that the existing landscaping will be maintained. The Parks and Recreation Department has also explained that due to the design of the sidewalk, it is doubtful that pedestrians use this sidewalk now to any great extent. A portion of the proposed area to be closed is located within the area of an ultimate 150-foot right-of-way designated by the Master Transportation Plan. If the area proposed for closure is needed in the future, the conditions below allows the City to purchase back the right-of-way at the same cost that it was sold for, plus interest. With that condition, the street closure will not adversely affect future road widening plans. Public and private infrastructure is also located within the area to be closed. Easements to allow various entities access to their infrastructure will be required during detailed site plan review. It should be, therefore, noted that this request only pertains to the proposed street closure. The applicant may have to obtain permission to erect a sign within easements prior to obtaining a sign permit. In sum, the Viewers have determined that there is no current need for this portion of right-of-way. Closure of this right-of-way, with the conditions below, will not result in a public inconvenience. The Viewers and staff, therefore, have no objection to the closure, and recommend approval with the conditions below. CONDITIONS 1. The City Attorney s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City s Interest in Streets Pursuant to Street Closures, approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 3. The applicant shall verify that no utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies and the City s utility agencies indicate that there either are or Page 3

4 may be utilities within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies or the City s utility agencies must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. The applicant shall obtain any necessary variances from Public Utilities Management in order to allow the existing public utility facilities within an easement to remain in the area to be closed, or the applicant shall relocate the detector check outside of the closed area into an appropriate area within the right-of-way and a new manhole shall be set at the new right-of-way line to delineate public/private utilities. 6. The free-standing sign shall be a monument style sign, no more than eight feet in height with brick base to match the brick on the building located on the contiguous lot. Landscaping shall be installed around the sign in accordance with City requirements. The proposed sign must be submitted as required by the City Zoning Ordinance, and shall not be installed until a sign permit is issued as well as all other required permits. If the sign must be located such that it encroaches into a utility easement, necessary permission shall be obtained from the respective utility agency. 7. The applicant shall maintain all existing landscaping within the public right-of-way. Any landscaping removed or destroyed, must be replaced with landscaping of similar type or species. 8. The City reserves, for fifteen (15) years from the date of recordation of the closure, the right to repurchase the area of closure at the same price paid by the applicant to the City plus a factor of 3% a year, without compensation for any improvements or for damage to the residue of the applicants property. This repurchase right shall be included in the deed or in a separate agreement to be recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach. The deed or agreement shall be acceptable to the City Attorney. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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 LOCATION Page 5

6 STREET CLOSURE EXHIBIT Page 6

7 Approximate Area to be Closed PHOTOGRAPH OF AREA TO BE CLOSED Page 7

8 PROPOSED FREE-STANDING SIGN Page 8

9 1 ZONING HISTORY # DATE REQUEST ACTION 1 09/08/1992 Use Permit (convalescent / nursing home) Granted Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11