VICTORIA PARK ASSOCIATION, INC. CITY OF VIRGINIA€¦ · 08-07-2015 · ASSOCIATION, INC. Agenda Item 3 Page 1 STAFF PLANNER: 3 July 8, 2015 Public Hearing APPLICANT: VICTORIA PARK

VICTORIA PARK HOMEOWNERS’

ASSOCIATION, INC. Agenda Item 3 Page 1

3 July 8, 2015 Public Hearing

APPLICANT:


ASSOCIATION, INC.

PROPERTY OWNER:

CITY OF VIRGINIA BEACH

STAFF PLANNER: Carolyn A.K. Smith

REQUEST: Discontinuance, closure and abandonment of Guernsey Way

ADJACENT GPINS: 14936817980000 14936826610000 14937900820000

ELECTION DISTRICT: PRINCESS ANNE

SIZE: 9,211 square feet

AICUZ: Less than 65 dB DNL

In 2003, the Victoria Park neighborhood was rezoned from AG-1 and AG-2 to Conditional R-30 Residential District with a Conditional Use Permit for Open Space Promotion. The proposal created a 65 lot, single family neighborhood with approximately 25 acres of open space. The concept reflected a vision of a high quality neighborhood designed to preserve large open spaces and showcase the environmental resources on the property. When the neighborhood was approved, Guernsey Way was established to serve as a future thoroughfare to the parcel to the east, which was rezoned in 2005 for 108 single family lots. Originally a paved street, today Guernsey Way exists as a 9,211 square foot, open space. The right-of-way terminates at the Kellam High School property line. The applicant, the Victoria Park Homeowners’ Association, is requesting that the Guernsey Way public right-of-way be closed and integrated into its open space.

BACKGROUND / DETAILS OF PROPOSAL



EXISTING LAND USE: Undeveloped, paper street with a sidewalk SURROUNDING LAND USE AND ZONING:

North: Single-family dwellings / Conditional R-30 Residential District

South: Single-family dwellings / Conditional R-30 Residential District

East: Kellam High School / AG-1 Agricultural District West: Bombay Landing

Single-family dwellings / Conditional R-30 Residential District

NATURAL RESOURCE AND CULTURAL FEATURES:

The property is within the Southern Rivers Watershed. Prior to the development of the single family neighborhood, the property was under cultivation for many years. There do not appear to be any significant environmental or cultural features in the right-of-way.

PUBLIC WORKS - TRAFFIC ENGINEERING, OPERATIONS: There do not appear to be any City plans or intention to develop this right-of-way as a vehicular street. There is an existing manhole and drop inlet within Guernsey Way.

PUBLIC UTILITIES, WATER & SEWER: There is a six-inch water main and an eight-inch sanitary sewer gravity main with Guernsey Way.

PRIVATE UTILITES: Preliminary comments from the private utility companies indicate no objections to the closure. Dominion Virginia Power indicated that there is a City streetlight pole in the right-of-way and an underground duplex cable that serves two additional streetlights.

Using the Transition Area Guidelines, a set of criteria for assessing consistency with the Comprehensive Plan’s policies for the Transition Area, careful consideration for the rezoning to create the Victoria Park neighborhood was given to the quality of the neighborhood layout, building materials and dwelling design; landscape amenities; natural features; viewsheds; density; street design; open space; and pedestrian and vehicular connectivity. The open space component of the project included a well-planned pedestrian circulation system with internal paths, as well as property set aside and dedicated to future connectivity to

LAND USE AND COMPREHENSIVE PLAN

IMPACT ON CITY SERVICES

EVALUATION AND RECOMMENDATION



adjacent properties. In 2003, when the Victoria Park neighborhood was approved, Guernsey Way was established as one such connection point that would serve as a future thoroughfare and trail connection. In 2004, West Neck, L.L.C. requested a rezoning of the adjacent parcel to the east for a 108-lot, single-family residential development. Just as with the 2002 approval of the Victoria Park rezoning, the plan approved by City Council for the West Neck, L.L.C. development depicted the Guernsey Way connection, thereby memorializing this linkage. The residential development proposed by West Neck, L.L.C. never materialized. The Virginia Beach Public Schools (VBPS) purchased the property for the replacement of Kellam High School. In 2010, City Council approved a rezoning of the property to its original AG-1 Agricultural District zoning, allowing for the development of the site for a school and related facilities. As part of the design of both the building and the site, the VBPS design team conducted many meetings and design workshops with representatives of all stakeholders to gain input pertaining to building and athletic field placements, buffering, sustainability, noise, lighting, bus loading, parking, and access. This major public effort resulted in a consensus on the final design for the site and building. Staff concluded, as well as the City Council and the School Board, that the proposed school design reflected a sensitivity to the issues of the adjacent neighbors while functioning well for the students and faculty. As a part of the first phase of the site work associated with the Kellam project, the physical street improvements installed as Guernsey Way were removed. Approximately 3,500 square feet of pavement was removed and replaced with a six-foot wide sidewalk terminating at the grave site, as well as a Grasspave® system that provides vehicular and heavy load support over grass areas for emergency vehicles, and extensive plant material. Based on complaints and concerns by some Victoria Park residents, the proposed opening in the fence was never installed, thus eliminating pedestrian access. According to School Board Staff, there have been on-going discussions and debate among residents in the vicinity of the school (residents along North Landing and Victoria Park) as to whether a formal pedestrian access at this location is warranted. The Street Closure Viewers, appointed by the City Council, met in May to review the request, and agreed that the layout of the Kellam High School site negates any future need for the City to “redevelop” the street for motor vehicle use. There was, however, a firm consensus by the Viewers that the request for closure of the right-of-way should be denied for the following reasons.

1. There are no sidewalks along North Landing Road. Walking or riding a bike along North Landing Road is extremely dangerous, but done frequently by students heading to and from Kellam High School. Maintaining the Guernsey Way right-of-way provides a safe alternative to North Landing Road.

2. As evidenced in the photograph to the right, as well as repeated reports of vandalism to the closed-off access, students, and others continue to use the right-of-way to gain entry onto the high school property.

3. Stormwater infrastructure and public utilities are located within the right-of-way. If the right-of-way is closed, a minimum 40-foot wide easement with limited encroachment would be required. Additionally, the existing sanitary sewer main located in the right-of-way is constructed of polyvinyl chloride (PVC) pipe. Public Utilities Design Standards require sanitary sewer mains within an easement be constructed of ductile iron pipe. Ductile iron is a tougher material and is required in areas where public utilities are located on private property. Utilities on private property are at a much



greater risk of being damaged. Any deviation from this standard would require approval of a variance from Public Utilities. Finally, the sanitary sewer main in Guernsey Way is the sanitary sewer discharge point for the Victoria Park neighborhood. Damage to this sewer main would impact service to the entire neighborhood.

4. A street closure at this location is not consistent with the adopted public policy outlined in the Comprehensive Plan, the Transition Area Design Guidelines, the Master Transportation Plan, the Envision Virginia Beach 2040 Report (2040 Report), the Sustainability Plan and the Bikeways and Trails Plan. The Comprehensive Plan’s Land Use policies for the Transition Area emphasize bikeway and trail connectivity between land uses. The Guidelines state that multi-purpose trails should interconnect residential areas as well as provide connections to non-residential areas in order to enhance non-vehicular mobility. The Plan provides policies related to: increasing cycling and pedestrian activity; removing physical barriers for bike and pedestrian facilities in and around neighborhoods; increasing connectivity for bikes and pedestrians to neighborhood commercial centers, parks, and schools and; where possible, requiring pedestrian and bike connections in neighborhoods that contain cul-de-sac and dead-end streets (p. 6-4, 6-17, 6-19). The Master Transportation Plan expresses the need to increase cycling and pedestrian activity as a viable mode of transportation and as a way to improve connectivity throughout the community. Both the 2040 Report and the Sustainability Plan address the importance of intercommunity connections via multi-modal means. The Bikeways and Trails Plan notes that many of our bike and pedestrian facilities are discontinuous and disjointed. Closing the Guernsey Way right-of-way would only perpetuate this problem. The right-of-way provides an important link in a trail system that enables one to safely walk or bike from the Victoria Park neighborhood to the public recreational amenities on the school site, including the tennis courts and the cross country trail. This vital link also provides non-vehicular access to destinations such as the Princess Anne Library and Recreation Center, the Amphitheatre, Sentara Princess Anne Hospital, the Municipal Center, Tidewater Community College, and the



Strawbridge and Landstown Commons Shopping Centers. The Bikeways and Trails Plan states that “neighborhoods are like islands” with a need to connect to each other, to neighborhoods and to other predictable destinations.

In sum, Staff and the Street Closure Viewers recommend denial of the Street Closure request. Many City plans, policies, and guidelines address the desire for well-planned and meaningful vehicular and non-vehicular connections that link our communities. Terminating the public’s ability to use the right-of-way permanently removes all future opportunities for cycling and pedestrian linkages between the neighborhood, the high school, and beyond. As the picture above reveals, Guernsey Way continues to be used by the public and closing it will result in both a public inconvenience and in public safety issues.



AERIAL OF SITE LOCATION



RIGHT-OF-WAY SURVEY



2003 VICTORIA PARK APPROVED PLAN



2004 WEST NECK, LLC APPROVED PLAN (Current Site of Kellam High School)



EXISTING TRAIL CORRIDORS



# DATE REQUEST ACTION

1 05/24/2011 06/08/2010 08/24/2004

CUP (Private Sewage Treatment) REZ (R-10 to AG-1) REZ (AG-1 & 2 to Conditional PD-H2/R-10)

Granted Granted Granted

2 03/04/2003 REZ (AG-1 & 2 to Conditional R-30) CUP (Open Space Promotion)

Granted Granted

1

2

ZONING HISTORY



DISCLOSURE STATEMENT










Documents

VICTORIA PARK ASSOCIATION, INC. CITY OF VIRGINIA€¦ · 08-07-2015 · ASSOCIATION, INC. Agenda Item 3 Page 1 STAFF PLANNER: 3 July 8, 2015 Public Hearing APPLICANT: VICTORIA PARK