AGENDA # 3
MEMORANDUM
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TO: |
Roger Stancil, Town Manager |
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FROM: |
George Small PE, PLS, Director of Engineering Mike Taylor, Engineering Design Specialist |
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SUBJECT: |
Public Hearing on a Request to Close a Section of Allard Road Right-of-way |
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DATE: |
September 17, 2007 |
INTRODUCTION
The purpose of this hearing is to receive comments regarding a request to permanently close an unimproved section of Allard Road right-of-way. Please see the attached map provided as Attachment 1. The preliminary resolution would close the right-of-way subject to the reservation of a pedestrian and non-motorized vehicle easement, a stormwater drainage easement and a utility easement.
BACKGROUND
The residents who own property abutting an unimproved section of the Allard Road right-of-way have requested that the Town Council consider abandonment of this section of right-of-way. Please see the letter provided as Attachment 2. This section of right-of-way is approximately 375 feet long and 60 feet wide. It is located in the Coker Hills neighborhood on the north side of Michaux Road, and is shown on Orange County Tax Map 7.39A.
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.”
On June 27 the Council adopted a resolution calling this Public Hearing to receive comments. Town staff has solicited input from utility companies, posted notices of the Hearing in the right-of-way, mailed notices of the Hearing to the owners of all property abutting the right-of-way and published notices of the Hearing in the Chapel Hill Newspaper as required by State law.
If the right-of-way is closed, ownership would revert to the adjacent property owners in accord with State law. However, the Town has the right to reserve easements if necessary to provide public services in the area. As noted above, the preliminary resolution calls for the reservation of blanket easements for pedestrians and non-motorized vehicles, utilities, and stormwater drainage. A copy of G.S. 160A-299 is attached for reference (Attachment 3).
DISCUSSION
We provide the following information for your consideration.
History of Street Construction
Allard Road was built in the early 1960’s as part of the Coker Hills Subdivision. At that time Allard Road ended with a stub-out instead of the typical cul-de-sac even though the dedicated public right-of-way was extended from the end of the street and through to Michaux Road when the subdivision plat was recorded.
In 1993 the Council approved the Vernon Hills Subdivision. The Vernon Hills Subdivision included the street extensions of Vernon Court, Knollwood Road, and Allard Road. These streets were then terminated with standard 40 foot radius cul-de-sacs and the abutting parcels of land were subdivided. Even though the existing Allard Road right-of-way extended through to Michaux Road the applicant did not propose to construct a street connection between Allard Road and Michaux Road and Town staff did not recommend that the Council require a connection at that time.
Existing Use of Right-of-way
The section of right-of-way now being considered for closure is heavily wooded and has an unpaved path that is used by pedestrians and bicycle riders to move between Michaux Road and Allard Road. This right-of-way is not maintained by the Town, therefore no public maintenance is provided for the path. However, it is our understanding that there is some maintenance provided by the adjacent neighbors. Please see the attached photograph of the path provided as Attachment 4.
There is an existing public waterline in the right-of-way. This line is maintained by the Orange Water and Sewer Authority (OWASA). The waterline provides a connection to a waterline located in the northern part of Allard Road and also provides a service line connection for 1710 Allard Road. If the right-of-way is closed by the Council OWASA has agreed to abandon this section of waterline and to provide a service line to 1710 Allard Road that will connect to the existing waterline to the north; thus, eliminating the need for OWASA to clear trees and other vegetation for the maintenance of its waterline in this section of the right-of-way. As noted in the letter from the petitioners, necessary clearing of vegetation by OWASA was the motivation for requesting the closure.
The southern part of the right-of-way is now used for driveway access to 1710 Michaux Road and 1710 Allard Road. If the right-of-way is closed as shown on the attached map the existing driveways for both of these lots would continue to have direct driveway connections to public right-of-way. Therefore ingress and egress easements would not be necessary to serve these lots.
Public Utilities
We solicited comments from the public utility companies concerning the proposed closure. OWASA is the only utility agency with an existing facility at this location. OWASA did not ask for the reservation of an easement because, as noted above, it intends to abandon the existing waterline if the right-of-way is closed.
Although there are no planned installations for electric service, Duke Energy has asked for the reservation of an easement for possible future facilities. The preliminary resolution does stipulate the reservation of utility, stormwater, and pedestrian/non motorized vehicle easements.
Citizen Input
We have received four emails concerning the request now under consideration by the Council. Two responses support the closure. Two emails support the closure as long as access for pedestrians and non-motorized vehicles will remain available for use by citizens. In addition to the reservation of an easement for the existing footpath one resident would also like assurance that the existing path would be maintained and not lost due to lack of maintenance. Please see citizen correspondence as Attachment 5.
SUMMARY
Subject to public comment, we believe the closure of the right-of-way would not be contrary to the public interest and that no individual owning property in the vicinity would be deprived of reasonable means of ingress and egress, provided the blanket easements are reserved as recommended by Town staff.
The existing foot path appears to be functioning well without maintenance by the Town. Therefore, we do not think it necessary for the Town to take over maintenance of the path.
MANAGER’S PRELIMINARY RECOMMENDATION
That the Council consider the draft resolution which would close a section of Allard Road right-of-way and a reserve blanket utility, stormwater drainage and pedestrian/non motorized vehicle easement on a plat to be approved by the Engineering Department.
ATTACHMENTS
