AGENDA #2
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing for Closure of a Section of Highland Woods Road Right-of-Way
DATE: January 18, 2006
PURPOSE
The purpose of this hearing is to receive citizen comments on whether the Council should close part of the Highland Woods Road right-of-way. Please see the attached map (Attachment 1).
BACKGROUND
On January 12, 2004, the Council received a petition from a Highland Woods Road resident requesting that the Town consider relocation of the Highland Woods Road intersection with Old Mason Farm Road so that the intersection would be farther away from Fordham Boulevard.
On May 24, 2004, the Town Council adopted a resolution that endorsed the relocation of Highland Woods Road, requested State funding for the relocation, and authorized the Town Manager to work with the University to secure dedication of new right-of-way necessary for the relocation.
On December 6, 2004, the Town Council authorized the Manager to sign an agreement with the North Carolina Department of Transportation allocating $90,000 of State funds for the realignment project. This agreement was signed on February 8, 2005.
On November 9, 2005, the Town received a letter from the University of North Carolina confirming that the Council of State had approved the dedication of right-of-way on University land necessary for the realignment.
On November 21, 2005, the Council adopted a resolution calling tonight’s public hearing to receive comments on the proposed right-of-way closure.
According to State law, G.S. 160A-299, a public hearing and prior notice to adjacent property owners are necessary before closing a public right-of-way. Under the statute, the Council may close the right-of-way upon determining that:
“Closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity of the street or alley or subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property.”
In accordance with State law, notices of this public hearing were published in a local newspaper, posted along the right-of-way and mailed to property owners in the vicinity. If the right-of-way is closed, the ownership of the property would revert to the abutting property owners in accordance with State law. (G.S. 160A-299 is provided as Attachment 2).
In this case the abutting property owners are the North Carolina Department of Transportation on the north side and the University of North Carolina on the south side of the re-aligned road.
DISCUSSION
Town Engineering staff has confirmed that the existing location of the Old Mason Farm Road/Highland Woods Road intersection is located so close to Fordham Boulevard that vehicles waiting for the Fordham Boulevard traffic signal routinely back up past Highland Woods Road thereby blocking ingress and egress to and from the Highland Woods neighborhood. If the Highland Woods Road/Old Mason Farm Road intersection is relocated approximately 195 feet to the east of its current location, as now proposed, there would be enough separation from Fordham Boulevard to allow vehicles to queue at the Fordham Boulevard traffic signal without blocking access to or from Highland Woods Road.
To relocate the intersection to the east as shown on the attached map it would be necessary for the University to dedicate new road right-of-way on its property adjacent to the existing Highland Woods Road right-of-way. The University has agreed to dedicate the necessary right-of-way. The total area required for the new public right-of-way is approximately 11,022 square feet. To off-set the dedication of the land necessary for the new street alignment, the University has asked the Town to close the existing Highland Woods Road right-of-way, resulting in approximately 3,750 square feet of land that would revert to University ownership. We see no problem in closing the old right-of-way in question if the proposed road relocation is approved.
Realignment of the road and dedication of the right-of-way would create two new parcels of land between the new right-of-way and Fordham Blvd. So that these parcels would not be considered a subdivision, the University has agreed to have each of those areas designated as “Not a Buildable Lot.” This note would be added to the final plat showing the right-of-way dedication.
Utilities
Town staff sent notices of this public hearing to all public utility companies that might be affected by the proposed right-of-way closure. Orange Water and Sewer Authority and Duke Energy have exiting facilities in the right-of-way. There also are stormwater drainage pipes in the existing right-of-way. Therefore, we recommend a blanket utility easement be reserved if the Council closes the right-of-way.
Citizen Input
After the Council called this hearing nearby property owners were notified by certified mail. The hearing was advertised in the Chapel Hill News and notices were posted at the site. To date we have received one inquiry concerning the proposed right-of-way closure regarding whether or not a structure could be built on the land remaining between the new right-of-way alignment and Fordham Blvd. Town staff advised that person making the inquiry that the land area would be designated as being “non-buildable” and that no structures would be allowed on it.
MANAGER’S PRELIMINARY RECOMMENDATION
That the Council adopt the attached resolution that would close approximately 165 feet of Highland Woods Road right-of-way and reserve a blanket utility easement.
ATTACHMENTS
