Applicant David N. Reda, Trustee of the First Virginia Land Trust Public Hearing August 10, 2016 City Council Election District Bayside Agenda Items 3 2 & Requests Street Closure of an unimproved portion of Road Number 4, located at the rear property line of 1275 Baker Road. Street Closure of an unimproved portion of a 20-foot Private Road at the side property line of 1275 Baker Road. Staff Planner Jimmy McNamara Location The rear and side property lines of 1275 Baker Road GPIN Adjacent to 1469000801 Site Size Road Number 4: 829 square feet 20-foot Private Road: 377 square feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Unimproved Right-of-Way Surrounding Land Uses and Zoning Districts North Undeveloped / A-12 Apartment South Storm water pond / I-1 Light Industrial East Mobile-home park / A-12 Apartment West Undeveloped / I-2 Light Industrial Page 1
Background and Summary of Proposal This application s first request is the closure of a portion of an unimproved, variable width right-of-way designated as Road Number 4. A total of 829 square feet is included in this request. The applicant is the owner of all the land requested for closure abutting this portion of Road Number 4. o The subject segment of Road Number 4 has been severed from the area readily accessible to the public due to a large portion of Road Number 4 being submerged in a private lake located immediately to the south. The second request is a closure of a portion of an unimproved 20-foot Private Road. A total of 377 square feet is included in this request. o It appears that the applicant is the fee owner of this portion of the 20-foot Private Road, subject to the rights, if any, of the City of Virginia Beach and public. Because it is uncertain whether there is a public interest in this segment, this closure is viewed as a formality to clear up a potential title issue rather than an extinguishment of public rights. 2 3 1 Zoning History # Request 1 CRZ (I-1 to A-1) Approved 08/03/1987 CUP (Mobile Home Park) Approved 08/03/1987 2 SVR Approved 06/28/2011 CUP (Mini Warehouse) Approved 06/28/2011 CUP (Truck Wash Facility, Motel, Bulk Storage) Approved 09/10/1996 3 CUP (Expansion of an Electric Transformer Station) Approved 10/07/2014 CUP (Electric Transformer Station) Approved 11/04/1985 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Impact on City Services There is no anticipated impact as a result of these closures. Page 2
Evaluation and Recommendation The Viewers appointed by the City Council met regarding this application and determined that there is no current need for either of these right-of-way areas, and no public inconvenience will result from their closure. Because accessibility to the subject segment of Road Number 4 has been severed by a private lake, the public interest in this segment is minimal. Likewise, the City Attorney s office, and the applicant s title company are uncertain if there is a public interest in this portion of the 20-foot Private Road. Therefore, these requests are regarded more as a cleanup of the title that removes any impediment to the redevelopment of the applicant s property rather than an extinguishment of public rights. Therefore, the Viewers and Staff have no objection to the closures, and recommend approval with the conditions below. Page 3
Recommended 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. Because the areas proposed for closure were severed from the main portion of the subject roads by a lake over 50 years ago, the public benefit, if any, in the areas proposed for closure is minimal. This street closure is a formality to clear up a title issue, which could be an impediment to the redevelopment of the property. Therefore, it is not recommended that a purchase price be charged for this closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Road Number 4 and the 20-foot Private Road into the adjoining parcels that the right-of-way would have provided direct access to. 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 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. 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
Proposed Street Closure Exhibit (Road Number 4) Portion of Road Number 4 to be closed Section of Road Number 4 to be closed Page 5
Proposed Street Closure Exhibit (20-foot Private Road) Portion of 20-foot Private Road to be closed Section of Road Private Road to be closed Page 6
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