Applicant & Property Owner Public Hearing October 11, 2017 City Council Election District Lynnhaven Agenda Item 8 Request Street Closure (Portion of Cardinal Road) Staff Recommendation Approval Staff Planner Jimmy McNamara Location Cardinal Drive from Starling Drive to the northern terminus of Cardinal Road GPIN Adjacent to 2418246584 Site Size 77,650 square feet AICUZ 65-70 db DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Roadway / R-40 Residential Surrounding Land Uses and Zoning Districts North Country club / R-40 Residential South Starling Court & Oriole Drive Single-family dwellings, golf course/ R-40 Residential East Golf course / R-40 Residential West Country club, golf course / R-40 Residential Page 1
Background and Summary of Proposal The applicant is requesting closure of 77,650 square feet of public right-of-way that serves the Cavalier Golf and Yacht Club. The same request to close this portion of Cardinal Road was approved by City Council on May 23, 2000 and again on May 26, 2009. However, both times the applicant failed to meet the conditions for the street closure in the allotted timeframe and; therefore, the applicant is required to request a closure of this right-ofway once again. The portion of right-of-way proposed for closure serves as the sole entrance to the Cavalier Yacht and Country Club. No other properties are served by this roadway. While the roadway physically appears to be a continuously paved right-of-way extending from Starling Court to the primary clubhouse building, only a portion of the paved roadway is public right-of-way. The remainder of the paved section is a private roadway developed by the country club. The remainder of the public right-of-way is undeveloped and extends into a fairway of the golf course. The applicant intends to realign portions of the asphalt which currently lie within the public right-of-way. A closure of the street would allow the applicant to complete these modifications. 1 Zoning History # Request 1 CUP (Communication Tower) Approved 01/17/2017 STC Approved 05/26/2009 CUP (Communication Tower) Approved 04/08/2008 CUP (Marina Expansion) Approved 12/09/2003 STC Approved 05/23/2000 CUP (Outdoor Recreation Facility) Approved 01/28/1997 CUP (Clubhouse Expansion) Approved 01/23/1996 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 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Page 2
Natural and Cultural Resources Impacts This roadway is within the Chesapeake Bay watershed. As the roadway is near the Lynnhaven River, portions of the right-of-way are within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. As no new impervious cover is proposed with this request, no additional review is anticipated. There do not appear to be any significant cultural resources associated with this portion of the right-of-way. Public Utility Impacts Water There is a public service line and two water meters located within the right-of-way proposed for closure. An appropriately sized public utility easement must be dedicated when the final plat is recorded. Sewer There is a public sanitary sewer gravity main located within the right-of-way proposed for closure. An appropriately sized public utility easement must be dedicated when the final plat is recorded. Evaluation and Recommendation A Viewer s meeting was held pertaining to the portion of Cardinal Road proposed to be closed. It was noted that several public utility apparatuses are located within the portion of the Cardinal Road right-of-way proposed to be closed, and as such, an easement satisfactory to the Department of Public Utilities will need to be established, which may limit development within these areas. Section 1804 (c) (3) of the Zoning Ordinance states that it shall be the policy of the City Council that no application for a residential use shall be approved unless the City Council finds that no reasonable non-residential use can be made of the property, in which event the City Council may allow the proposed residential use of such property at the lowest density that is reasonable. As the right-of-way is located within the 65-70 db DNL; Sub-Area 3 noise zone, a condition has been recommended that no portion of this right-of-way be used for the creation of any lots that increase residential density. In conclusion, the Viewers have determined that a closure of this portion of right-of-way will not result in a public inconvenience; therefore, Staff recommends approval of this request. 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. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Cardinal Road into the applicant s adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. 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. 5. No portion of the closed right-of-way shall be used for the creation of any lot(s) that increase residential density within the 65-70 db DNL noise zone; Sub-Area 3. 6. 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
Existing Right-Of-Way To Be Closed Page 5
Site Photos Page 6
Disclosure Statement Cavalier Golf and Yacht Club Page 7
Disclosure Statement Page 8
Disclosure Statement Page 9
Disclosure Statement Page 10
Disclosure Statement Page 11
Disclosure Statement John Millerson General Manager Page 12