D2 D3 D4 D2-D4 February 12, 2014 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH STAFF PLANNERS: Stephen White & Clay Bernick REQUEST: Discontinuance, closure and abandonment of three portions of the right-of-way of Singleton Way (formerly Princess Anne Road) and the right-of-way of S. Witchduck Road (formerly Kempsville Road). D2. Street Closure, portion of Singleton Way right-of-way (formerly Princess Anne Road). Parcel C (North of GPIN 1466687951). D3. Street Closure, portion of Singleton Way right-of-way, (formerly Princess Anne Road), Parcel E. (North of GPIN 1466780931). D4. Street Closure, portion of right-of way at intersection of Singleton Way (formerly Princess Anne Road) & S. Witchduck Rd, Parcel D. (Adjacent GPIN 1466783845). COUNCIL DISTRICT: KEMPSVILLE APPLICATION HISTORY: These three requests were deferred by the Planning Commission on July 10, 2013 at the request of staff due to issues pertaining to the ownership of the underlying fee. That issue has now been addressed, and these three requests may now be considered by the Commission. BACKGROUND / DETAILS OF PROPOSAL The purpose of the requested closure is to incorporate into the adjacent parcels 51,820 square feet of right-of-way that was formerly used for Princess Anne Road and Kempsville Road. As part of Capital Improvement Program (CIP) Project 2.048.000 - Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement (First Cities Project - VDOT # 0165-134-107) the roadway alignment of each of the roadways was altered, and the intersection of the three arterials was relocated to the south of the former location. With the shift of the intersection to the south, what was Kempsville Road south of the Page 1
former intersection is now S. Witchduck Road (between the old and new intersections). Additionally, with the shift of Princess Anne Road to the south, what was Princess Anne Road to the west of the former intersection is now Singleton Way. The new alignments resulted in portions of each right-of-way that are now no longer necessary; therefore, to increase the land area and to improve the configuration of the adjacent City-owned parcels as well as the parcel owned by Emmanuel Episcopal Church, closure of the subject right-of-way is requested by the City of Virginia Beach. The closed area will be incorporated into the adjacent parcels through subdivision after the closure is approved. IMPACT ON CITY SERVICES Easements will be required for private and public utilities located within portions of the rights-of-way. The location for those easements is currently being determined, and will be shown on the final Street Closure Exhibits provided to City Council for review and action. There are no other anticipated impacts to City services as a result of the proposed closures. EVALUATION AND RECOMMENDATION The Viewers appointed by the City Council have determined that there is no current need for the portions of right-of-way requested for closure and no public inconvenience will result from their closure. The combination of the closed areas with the adjacent parcels located in the Northwestern Quadrant of Historic Kempsville will result in City-owned parcels that will be more marketable and developable, and will provide the church with additional land area for its future use. The Viewers and staff, therefore, have no objection to the closures, 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. 2. The applicant shall cause the properties to be subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-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 Page 2
accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this 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 3
AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA Page 4
STREET CLOSURE EXHIBIT (Item D2 / Parcel C) Page 5
STREET CLOSURE EXHIBIT (Item D3 / Parcel E) Page 6
STREET CLOSURE EXHIBIT (Item D3 / Parcel D) Page 7
1 5 1 4 3 7 2 1 1 5 1 1 8 ZONING HISTORY # DATE REQUEST ACTION 1 08/27/2013 Change of Zoning (Various Zoning Districts to B-4K [HK]) Approved 2 04/10/2012 Change of Zoning (R-7.5, O-2, & B-1A to B4K [HK]) Approved Conditional Use Permit (Multifamily Dwellings) Approved 3 04/10/2012 Street Closure Approved 4 04/10/2012 Change of Zoning (B-2 to B-4K [HK]) Approved 02/28/2012 Floodplain Variance Approved 5 02/28/2012 Change of Zoning (R-10 to P-1 Preservation) Approved 6 12/11/2001 Conditional Use Permit (Expansion of Religious Facility) Approved 7 10/15/1999 Use Permit (Addition to Religious Facility) Approved 8 08/03/2009 Change of Zoning (Conditional B-2 & I-1 to Conditional B-2) Approved Conditional Use Permit (Religious Facility) Approved 12/07/1999 Change of Zoning (B-2 & R-5D to Conditional B-2 & I-1) Approved Page 8
DISCLOSURE STATEMENT Page 9
DISCLOSURE STATEMENT Page 10