AGENDA DATE: 8/2/2023
TITLE:
Title
SUB202300034 Colonnade Drive Petition for Abandonment
BODY
SUBJECT/PROPOSAL/REQUEST: Petition for Abandonment (Code of Virginia § 33.2-917) of an approximately 430-foot unimproved section of Colonnade Drive that was dedicated to public use. The section of road is located south of the cul-de-sac at the end of the improved portion of Colonnade Drive, behind University Heights Apartments (Jack Jouett).
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Rosenberg, Herrick, Filardo, McDermott, Ragsdale
PRESENTER (S): Rebecca Ragsdale
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: A property owner adjacent to the unimproved segment of Colonnade Drive has petitioned the County to consider abandoning the existing right-of-way of Colonnade Drive (Attachment A), which connects to an adjacent parcel. The specific segment proposed for abandonment is beyond the end of the existing cul-de-sac for Colonnade Drive. Specifically, it is the area shown on a 1968 plat (page 2 of Attachment A) as “Shaded area is dedicated to public street.” Board action must be taken by October 30, 2023.
STRATEGIC PLAN: Infrastructure & Placemaking - Invest in infrastructure and amenities that create connection, opportunity, and well-being.
DISCUSSION: The Code of Virginia provides several methods by which a public road may be abandoned. Based on the process initiated by the petitioner (Virginia Code § 33.2-919), if the Board is satisfied either (a) that no public necessity exists for the continuance of the section of road as a public road or (b) that the welfare of the public would be served best by abandoning the section of road as a public road, the Board shall adopt an ordinance or resolution abandoning the section of road as a public road, and with that ordinance or resolution the section of road shall cease to be a public road. As further described in Attachment B, staff does not believe that either of the conditions needed to abandon the road applies.
The petitioner claims that the public benefits would include additional housing units in the Development Area and the potential for revenue and tax revenue if the right-of-way were sold.
However, abandoning the entire section would eliminate an existing unimproved connection to Parcel ID 07600-00-00-00200, which is zoned R15 Residential. Staff believes that the benefits of interconnected streets within this area outweigh the potential additional units on one site. Interconnections continue to be important in new developments to avoid creating an isolated environment that requires motorists to travel long, circuitous routes. Connections provide alternate traffic routes for old and new neighborhoods and can benefit emergency response. A more detailed staff analysis is provided as Attachment B. If, however, the Board is satisfied that allowing the petitioner to use a portion of the right-of-way to achieve additional units would best serve the public welfare, there could be a public benefit if the project were redesigned to maintain an interconnection to Parcel ID 07600-00-00-00200, along with public trail connections.
The petitioner has not provided any such alternate designs to-date. This approach would require further discussion with the petitioner and site plan revisions. The petitioner would need to prepare a plat and deed to vacate any portion of the right-of-way not used for public access, or to relocate the right-of-way. Staff believes the plat vacation process would be preferable to the petition process chosen here.
BUDGET IMPACT: There is no budget impact associated with this item. If all or some of the right-of-way were abandoned or relocated, the petitioner would be responsible for the cost of surveying. If the Board chose to abandon the road, the County could (but would not be required to) sell the abandoned road, potentially to the petitioner.
RECOMMENDATION:
Recommendation
Staff recommends that the Board:
1. Adopt a resolution to dismiss the petition, provided as Attachment F.
2. Provide guidance to staff and the petitioner as to whether the Board would be supportive of abandoning or relocating a portion of the right-of-way through the plat vacation process.
ATTACHMENTS:
A - Petition to Abandon
B - Staff Analysis
C - Location Map
D - Zoning Map
E - Approved Initial Site Plan
F - Resolution to dismiss petition