AGENDA #4c

 

MEMORANDUM

 

TO:

Roger L. Stancil, Town Manager

FROM:

George Small PE, PLS, Director of Engineering

Mike Taylor, Engineering Design Specialist

SUBJECT:

Closure of a Section of Allard Road Right-of-way

DATE:

October 8, 2007

 

PURPOSE

 

Adoption of the attached order would permanently close an unimproved section of Allard Road Right-of-way. The order would close the right-of-way subject to the reservation of a pedestrian and non-motorized vehicle easement, and a stormwater drainage easement. Please see the attached map provided as Attachment #1.

 

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 a Public Hearing to receive comments on the proposed right-of-way closure. Pursuant to state law Town staff posted notices of the hearing in the right-of-way, mailed notices to adjacent property owners and published notices in a local newspaper.   The public hearing was held on September 17.  

 

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 order of closure calls for the reservation of blanket easements for pedestrians and non-motorized vehicles, 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.

 

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. The reservation of a utility easement was not requested by other utility companies therefore a utility easement is not provided in the attached order of closure.

 

 

PUBLIC HEARING

 

Seven residents spoke at the hearing regarding closure of the right-of-way.  All speakers supported the closure. Some issues were noted regarding the ongoing use of the existing footpath. Below are the key issues provided at the Public Hearing.

 

Public use if right-of-way is closed: The area within the right-of-way is currently used by the public. How would the closure of the right-of-way affect use by the public if the right-of-way is closed?

 

Comment: A pedestrian and non motorized vehicle easement plus a stormwater drainage easement would be reserved over the full width of the existing right-of-way.  Therefore residents could continue to use this area for walking and biking between Allard Road and Michaux Road. The easements would be shown on a recorded plat if the Council decides to close the right-of-way. Closure of the right-of-way without the reservation of utility easements would eliminate the possibility of future clearing for public utilities. Utility easements are not proposed.

 

Identification of the existing path and use: The path is not identified with signs at either end, and it is not obvious to some residents as a public path accessible by neighbors, particularly on the Michaux Road end. One resident stated the path should continue to be only a “cut-through” and not a destination point.

 

Comment: The path is informal and is not part of the Town’s greenway system, nor are there plans for the Town to take over maintenance of the path. There is also no plan to designate the area for a use other than a path.  However, the Town could provide identification/directional signs in the street right-of-way at both ends of the path without assuming path maintenance obligations.   These signs could be installed by Town staff if so directed by the Manager.

 

Intersection of the path and driveway: The southern end of the path now terminates at an existing  gravel driveway.  Walkers now use part the driveway as a continuation of the trail near Michaux Road. One resident stated that it would be safer for pedestrians if the path continued to Michaux Road instead of terminating at the driveway. One of the petitioners stated the path works well now and would not want to see landscaping removed  to extend the path.

 

Comment: The path route is informal. It evolved due to the regular foot traffic over a considerable period of time along the most convenient route between the two streets.  A planned path route would not typically overlap with a driveway. However, we are not aware of  any accidents or near accidents between vehicles and pedestrians at this location. Plus, the most direct  path relocation would be between the two existing driveways which would require cutting back established landscaping.

 

The entire 60-foot width of the proposed easement would be available for use by walkers and bikers just as it is now as an existing right-of-way. Therefore, a different path terminus could be provided. The path is not part of the Town’s greenway system. Therefore, the Town would not make changes to the path. However, because the route would be in an easement that is not owned by  individuals nor a specific entity then maintenance to facilitate pedestrian and non-motorized vehicle access could be provided by others.  The local homeowners association or any interested parties could work with the affected property owners to make changes to the path if so desired.

 

Map of informal paths in town: A  resident and a Council member acknowledged there is no existing map available showing the location of  the path  and noted that the identification and location of similar paths in Chapel Hill would be useful.

 

Comment: Although there is currently no map, Town staff is considering the development of a map showing both formal and informal pedestrian routes throughout Town.

 

SUMMARY

 

Subject to the reservation of  a pedestrian and non-motorized vehicle easement there was no public opposition to the right-of-way closure at the hearing.  The trail appears to function well without Town maintenance. Therefore, we do not think it necessary for the Town to take over maintenance of the path. If the relocation of the end of the path near Michaux Road is desired by some residents, they could discuss that with the affected property owners.  The opportunity for the residents to make changes to the path  would not  disappear if  the right-of-way is closed.

 

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 a blanket pedestrian and non-motorized vehicle easement and a blanket stormwater drainage easement are reserved as recommended by Town staff.

 

MANAGER’S RECOMMENDATION

 

That the Council adopt the attached order of closure which would close a section of Allard Road right-of-way and reserve blanket stormwater drainage and pedestrian/non-motorized vehicle easements on a plat to be approved by the Engineering Department.

 

ATTACHMENTS

 

1.                  Map (p. 6).

2.                  Petition from residents (p. 7).

3.                  G.S. 160A-299 (p. 9).