Agenda #5e
memorandum
to: Mayor and Town Council
from: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
subject: Response to a Petition Regarding Pope Road Annexation and Speed Limit
date: February 13, 2006
PURPOSE
This report responds to a Council petition requesting that the Town consider amending its existing annexation agreement with the City of Durham and also reduce the speed limit on Pope Road to 35mph.
SUMMARY
On November 21, 2005, the Council received and referred the petition requesting that the Town Attorney contact the City of Durham to discuss and evaluate the possibility of amending the existing annexation agreement between Durham and Chapel Hill along Pope Road and part of Ephesus Church Road. The petitioner also requested that the speed limit on Pope Road be reduced to a uniform 35mph. A copy of the petition is attached.
Based on our review and communications with City of Durham staff, we do not believe it is necessary to revise the annexation agreement. However, we do recommend adoption of the attached resolution that would request that the North Carolina Department of Transportation (NCDOT) reduce the posted speed limit on Pope Road 35mph between Ephesus Church Road and Old Durham-Chapel Hill Road along the Durham-Chapel Hill border.
BACKGROUND
In 1986, the Town of Chapel Hill and the City of Durham entered into a consent judgment to settle an annexation case and to establish a long-term annexation boundary line along Pope Road. Under the terms of that agreement, the two municipalities established the western right-of-way of Pope Road and the northern right-of-way of a short length of Ephesus Church Road as the limit of annexation by each city. Please see the attached map.
Recently the City of Durham annexed property adjacent to and east of Pope Road, but did not extend the annexation to include the right-of-way of Pope Road. Under the terms of the settlement agreement, Durham could have annexed the Pope Road right-of-way. Since the Town, by the agreement, is not permitted to annex the Pope Road right-of-way, Durham’s action leaves the right-of-way of Pope Road outside of both municipalities’ corporate limits. The right-of-way in question is in Durham County and remains under the control of the North Carolina Department of Transportation.
Concerns raised in the petition include the possibility that public sidewalk may exist or could be installed along the western side of Pope Road that is or would be outside of the Town’s municipal limits and outside of the area which the Town is authorized to annex.
We have discussed this situation with staff for the City of Durham and have checked the boundaries of recent developments and the width of the Pope Road right-of-way in this area.
We determined that the one short segment of existing sidewalk along the western side of Pope Road is constructed outside of the right-of-way of Pope Road and is on private property. This segment of existing sidewalk is within the Town limits.
We also determined that there is insufficient area within the existing Pope Road right-of-way to permit construction of public sidewalk along the western side of the paved roadway. Thus, any future public sidewalk to be maintained by the Town that is built along the western side of Pope Road would necessarily need to be constructed in an area that is already either within the Town limits or within an area that the Town would be able to annex under the Durham-Chapel Hill agreement. Accordingly, we do not believe that it would be necessary to modify the agreed-to boundary with Durham in order for the Town to construct and maintain public sidewalk along the western side of Pope Road, should it wish to do so.
Our review of this area also identified inconsistent speed limit signs, with some signs along Pope Road showing a 35 mile per hour speed limit and one sign showing a 40 mph speed limit. Pope Road is maintained by the NCDOT, and we determined that the speed limit on Pope Road as established by State regulation is 40 miles per hour. We advised the State staff of the inconsistent signing, and they agreed to correct the signs to make them consistent with State regulations.
We also discussed with State staff the possibility of reducing the posted speed limit on Pope Road from 40mph to 35mph. Based on our conversation, we think that the NCDOT would consider a request from the Town to lower the speed limit along Pope Road to 35 miles per hour including the installation of consistent signage.
Durham’s decision not to annex the Pope Road right-of-way, coupled with the agreed upon limits of Chapel Hill annexation, will leave the existing right-of-way of Pope Road in this area outside of both municipalities’ corporate limits. Police officers from either municipality have the authority to enforce the speed limit in this area.
Our review of the annexation agreement boundary and the present Town limits also identified a small parcel of land located at the southwest corner of the intersection of Old Durham-Chapel Hill Road and Pope Road that is within the Chapel Hill annexation limits but is presently outside the Town’s corporate limits. Please see the attached map.
We are in the process of preparing a survey of this property and when that is completed we will recommend that the Council seek a local bill to legislatively annex this land into the Town’s corporate limits.
We recommend that the Council adopt the attached resolution requesting that the NCDOT reduce the posted speed limit on Pope Road to 35mph between Ephesus Church Road and Old Durham-Chapel Hill Road along the Durham-Chapel Hill border.
ATTACHMENTS
