VCU is strong-arming the City to break its own Code. Green Alley closing is proposed today at Planning Commission. Will Planning Commission Chair Mills and other members recuse themselves due to the work they do for VCU?
ARTICLE IV. CLOSING OF PUBLIC STREETS AND ALLEYS TO PUBLIC USE AND TRAVEL
Sec. 90-326. Action to be by ordinance.
No public street or alley or any part thereof shall be closed to public use and travel, except by duly enacted ordinance of the city council.
(Code 1993, § 25-131)
Sec. 90-327. Consent required.
Unless otherwise requested by a member of the city council or the mayor, no ordinance closing any street or alley or any part thereof to public use and travel shall be introduced for consideration by the city council until consent to the closing shall be obtained in writing from:
(1) All the owners of all the real property abutting those portions of the street or alley to be closed; and
(2) Any other owners of real property who have a right of ingress and egress from their own property to those portions of the street or alley to be closed and whose property is situated between the nearest intersection boundaries encompassing a proposed street closing or the block boundaries encompassing a proposed alley closing, as applicable.
The written consents shall be approved as to form by the city attorney and shall be filed in the office of the city clerk, along with all other documents evidencing satisfaction of the terms and conditions of the ordinance.
(Code 1993, § 25-132; Ord. No. 2004-360-330, § 1, 12-13-2004)
Serious question – how is the request for the ally closing breaking the city code? I’m not following.
Good luck, Scott.
About six years ago, a developer renovating a house behind me close our alley. I wish I had known about that ordinance then.
From Todd Woodson:
The Planning Commission voted yesterday to keep the closing of Green
Alley on its consent agenda and subsequently approved the closing of
the two alleys to facilitate the 100,000 sq ft VCU Rec center at Cary
and Cherry. Chairman Mills of the Planning Commission, who worked on
the project for VCU, recused himself from voting at Charles Pool’s
request. The issue now goes to City Council on Monday, March 10.
Answer to steve:
Not all the owners have given their written consent to the alley closing.
But I guess that did not matter to the Planning Commission.
Will it matter to City Council?