Legislation # 14-0007 Enactment Number 1153
Type Ordinance - Non-Coded Effective Date 1/8/2014
Introduction Date 1/8/2014
Title Ordinance Approving the Vacation of a Portion of Right of Way Known as Harris Creek Road, Which is Located Between 5 Harris Creek Road and 301 Fox Hill Road, Comprising 9,845 Square Feet (0.226 acres), More or Less
 
Legislation History 14-0007
DateNotice Of ActionDescription
1/16/2014 Enactment Number 1153
1/8/2014 Approved subject to 13 conditions. One vote was taken on item numbers 14-0009, 14-0010, 14-0011, 14-0012 and 14-0007.
1/8/2014 Moved to divide the question so that a separate vote is taken on each of the five related items.
1/8/2014 Approved subject to receipt of a proffer that it not be a 24 hour pharmacy. The motion died for lack of a second.
1/8/2014 Presented by Katherine Glass, the Clerk of Council, reading the titles of 14-0009, 14-0010, 14-0011, 14-0012, and 14-0007, with the staff presentation being given by Mike Hayes, Senior City Planner. A joint public hearing was held on these five items.
12/23/2013 Received By Clerk's Office
 
View Attachments 14-0007
FileTypeSizeDescription
Plat Showing a Portion of Harris Creek Road to be Vacated.pdf Plat 305K Plat
 
Legislation Text 14-0007

 

City of Hampton, Virginia

Ordinance - Non-Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0007

 

Enactment Number: 1153

 

Ordinance Approving the Vacation of a Portion of Right of Way Known as Harris Creek Road, Which is Located Between 5 Harris Creek Road and 301 Fox Hill Road, Comprising 9,845 Square Feet (0.226 acres), More or Less

 

WHEREAS, Area Development Group (ADG) requests the vacation of a portion of right of way known as Harris Creek Road, which is located between 5 Harris Creek Road and 301 Fox Hill Road, comprising 9,845 square feet (0.226 acres), more or less, as depicted on the attached plat (the Vacation Area);

 

WHEREAS, ADG is negotiating with Gloria Dei Lutheran Church (Gloria Dei) to purchase 2.528 acres of land at the intersection of Fox Hill Road and Willow Oaks Boulevard to build a Rite-Aid Pharmacy (the Project), and the requested right of way is needed for the Project;

 

WHEREAS, Gloria Dei owns all of the property abutting the proposed Vacation Area;

 

WHEREAS, this vacation application is part of a broader proposed development plan, including acquisition of City-owned property, boundary line vacations and realignments, two rezonings (Rezoning Application Nos. 1309-2013 and 1314-2013), and two use permits (Use Permit Application Nos. 1084-2013 and 1092-2013);

 

WHEREAS, ultimately, the development proposal envisions creating two parcels: one parcel, including the area surrounding this right of way vacation, will be redeveloped for a pharmacy; and the other parcel, to house the Gloria Dei Lutheran School and Day Care with associated parking and driveway access from Harris Creek Road and Willow Oaks Boulevard to the school;

 

WHEREAS, this vacation application is being presented to Council concurrently with the rezoning and use permit applications, as well as the unsolicited proposal to purchase City property;

 

WHEREAS, City staff and local public utility companies have reviewed this request, which confirms Hampton Roads Sanitation District, Cox Communications, Dominion Virginia Power, Verizon, and Virginia Natural Gas all have infrastructure in the proposed Vacation Area;

 

WHEREAS, although the utility companies did not raise any objections to this vacation application, they emphasized ADG is responsible for all relocation costs and requested to be informed as the Project progresses; therefore; staff recommends approval; and

 

WHEREAS, pursuant to Virginia Code 15.2-2006, Council agrees to vacate of a portion of right of way known as Harris Creek Road, which is located between 5 Harris Creek Road and 301 Fox Hill Road.

 

NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Hampton, Virginia, as follows:

 

1. That the vacation of a portion of right of way known as Harris Creek Road, which is located between 5 Harris Creek Road and 301 Fox Hill Road, comprising 9,845 square feet (0.226 acres), more or less, is hereby approved; and

 

2. That the City Manager, or her authorized designee, and Clerk of Council are hereby authorized to execute and attest the vacation of a portion of right of way known as Harris Creek Road as set forth in this Ordinance.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held on the 8th day of January, 2014.

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council