ADDRESS / DESCRIPTION: Property located near the intersection of Mill Dam Court and First Colonial Road. ELECTION DISTRICT: LYNNHAVEN

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1 August 10, Public Hearing APPLICANT : 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of right-of-way located adjacent to 1168 First Colonial Road. ADDRESS / DESCRIPTION: Property located near the intersection of Mill Dam Court and First Colonial Road. GPIN: Adjacent to property at: 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 15-foot wide portion of unpaved, variable width right-of-way for the purpose of incorporating it into their adjoining office lot. The additional lot area gained from the proposed street closure allows the applicant to install a free-standing sign that is visible from First Colonial Road. Currently, First Colonial Road curves in front of the applicant s site (1168 First Colonial Road) and makes visibility of any allowed signs difficult. This street closure increases the visibility of the applicant s site from First Colonial Road and any erected signs will comply with zoning and landscape requirements. LAND USE AND PLAN INFORMATION EXISTING LAND USE: sidewalk with adjacent landscaping Page 1

2 SURROUNDING LAND USE AND ZONING: North: Mill Dam Court Office buildings / O-2 Office District Single-family dwellings / R-15 Residential District South: First Colonial Road Across First Colonial Road are office buildings / O-2 Office District East: Urgent care facility / O-2 Office District West: 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 cultural features associated with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: A drainage easement is required. 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. 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 service 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. None of the private utility companies, however, have any objections to the proposed request. PARKS & RECREATION: Parks &Recreation is not opposed to this street closure. There is an existing 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 use this sidewalk now to any great extent. Any future bike/pedestrian improvements can be accommodated on the portion of the rightof-way that will remain in public ownership. Page 2

3 EVALUATION AND RECOMMENDATION The portion of the right-of-way proposed for closure is part of an unpaved, but landscaped area with sidewalk. Staff does not envision that this portion of right-of-way will ever be improved and used as a public street. In addition, the applicant s proposal to locate a sign within this area does not negatively affect the surrounding community and is consistent with the character of the surrounding Office Districts. The area around the sign will be landscaped and street frontage screening including landscape materials is required to screen the existing parking lot. Viewers have met and determined that there is no current or future need for this portion of right-of-way. Closure of this right-of-way will not result in any public inconvenience. Therefore, the Viewers and Staff have no objection to the closure and recommends approval of this request 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 parcels. 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 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. 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 a variance from Public Utilities Management in order to allow the existing public 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 six feet in height with brick base to match the brick on the applicant s building. Landscaping shall be installed around the sign in accordance with City requirements. Page 3

4 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 PROPOSED SITE PLAN Page 6

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

8 1 ZONING HISTORY # DATE REQUEST ACTION 1 09/08/1992 Use Permit (convalescent / nursing home) Granted Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10