AGENDA #4L
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Closure of a Section of Highland Woods Road Right-of-Way
DATE: January 23, 2006
PURPOSE
Adoption of the attached resolution would order the closure of a section of the Highland Woods Road right-of-way. Please see the attached map (Attachment 1). We recommend adoption of the attached resolution.
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 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 a Public Hearing was held on January 18, 2006. Notices of the 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 accord 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, PSNC Energy 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 that 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.
KEY ISSUES RAISED AT THE PUBLIC HEARING
Two citizens spoke at the public hearing concerning the proposed abandonment of the public right-of-way.
ISSUE: How was it determined that the tract of land to be combined with the University’s share of the abandoned right-of-way would be designated as a non-buildable lot?
RESPONSE: The Town requested and the University agreed to have this tract of land designated as a non-buildable lot so it would be clear that this area wasn’t a subdivision of land. The non-buildable designation would be shown on the recorded plat.
ISSUE: Would the North Carolina Department of Transportation (NCDOT) part of the abandoned right-of-way be designated as non-buildable?
RESPONSE: There is no agreement with the NCDOT regarding the use of the area that would be combined with the US 15-501 right-of-way. The NCDOT part of the abandoned right-of-way would be approximately 25 feet wide. Therefore, we believe there would not be enough room between the existing US 15-501 roadway and the new property boundary to install a structure. This strip of land would become part of the US 15-501 right-of-way used typically only for purposes such as utility installations.
ISSUE: If designated as a non-buildable lot, for what purposes could the University’s tract of land west of the new Highland Woods Road right-of-way be used?
RESPONSE: Although a structure such as a building could not be constructed on the site, it is possible that some incidental installations could be installed as long as the installations complied with Town zoning regulations.
ISSUE: What would the new street look like, and how would it be maintained?
RESPONSE: The new Highland Woods Road connection to Old Mason Farm Road would look similar to the existing Highland Woods Road. It would be constructed without curb & gutter. There would be a three-foot-wide grass shoulder on one side and an eight-foot-wide grass shoulder on the other side of the street. Highland Woods Road is a Town-maintained street and it would be maintained in the same manner and on the same schedule as any other Town street.
ISSUE: What would happen with the old roadway in the abandoned right-of-way?
RESPONSE: The pavement would the removed. The existing fill would remain in place and be seeded with grass.
MANAGER’S RECOMMENDATION
That the Council adopt the attached resolution which would close approximately 165 feet of Highland Woods Road right-of-way and reserve a blanket utility easement.
ATTACHMENTS
1. Map (p. 6).
2. G.S. 160A-299 (p. 7).
3. November 21, 2005 Agenda #4m (p. 8).
4. January 18, 2006 Agenda #2 (p. 15).
