An abandonment of an alley between 31st and 32nd streets in Buena Vista, just off of Catalpa Avenue, was approved by City Council last Thursday, May 21, so a private road can be developed there to serve a planned 15unit townhouse project.
This was actually a re-approval of an abandonment that took place in 2024 but was nullified by a provision that set a deadline for street construction being completed that had expired.
The delay in the development was due to a discovery that the Virginia Department of Transportation and not the city owned land where a storm water management pond was planned for the project. The city was unable to allow construction of the road to proceed until ownership of the land was resolved.
Staff ultimately determined that the city controlled use of the land because it is classified as a right of way. The city has initiated the process of transferring ownership of the land, and the developer has signed a memorandum of understanding with the city governing the ROW use until the city can acquire it and sell it to the developer.
The first reading of the latest abandonment of the alley was held May 7. Then, and again this past Thursday, a neighbor, Calvin Smith, of 171 E. 31st St. who accesses his residence through the alley, objected to the abandonment, as he did back in 2024 to the initial abandonment.
Smith has repeatedly expressed concern over not having the public alley to access his property. City officials and the developer, Joe Whetstone, have attempted to convince Smith that he will continue to have access to his property via the new and improved private road that will be replacing the alley. The ordinance approving the abandonment states explicitly that Smith would continue to have access to his residence and that the developer is to maintain the road in good condition.
Tom Roberts, the city’s director of community development, said he’d analyzed all aspects of the proposed new road and alternatives for accessing the new townhouse units and the Smith property and found that the proposal under consideration was the most efficient and cost effective means of access for all parties.
When it came time to take action, Michelle Poluikis made a motion, seconded by Ron Cash, to approve an ordinance for the abandonment of the alley. The motion passed 6-1, with Mayor Jesse Lineberry casting the lone dissenting vote.
A condition included in the ordinance sets a new deadline for the road being completed by Dec. 31, 2031.
