to: Roger L. Stancil, Town Manager
from: Butch Kisiah, Parks and Recreation Director
Bill Webster, Assistant Parks and Recreation Director
George Small, Engineering Director
Mike Taylor, Engineering Design Specialist
J.B. Culpepper, Planning Director
subject: Land Exchange and Right-of-way Improvements
date: October 15, 2008
The purpose of this report is the request adoption of a resolution authorizing the exchange of property and access improvements in a public right-of-way that is not maintained by the Town.
In 1986 the Tanyard Branch Trail was dedicated. Additional properties along Tanyard Branch have been acquired by the Town since that date.
In May 2005 the Council authorized the purchase of four tracts of land adjacent to Jay Street. This purchase included an 8.9 acre tract that lies between the Southern Railroad tracks and Jay Street. Please see the attached map.
In accord with N.C.G.S. Sec. 160A-271 an advertisement was placed in the Chapel Hill News on September 28, 2008 indicating the Council’s intent to consider an offer to exchange property in the Jay Street area.
Proposed Land Exchange: We have received a proposal to exchange .003 acre or 143 square feet of Town property for 1.1 acres of property currently owned by Stock Building Supply Incorporated. Please see the attached map. The Town property in question is identified as Chapel Hill Tax Map 7.94.B.27. The .003 acre parcel proposed for exchange is part of a larger 8.9 acre tract that was purchased by the Town in 2005. As part of the agreement to the land exchange the property owner has requested approval from the Town to improve the access to his property by making roadway improvements within the Jay Street right-of-way.
The petitioner desires to purchase and renovate an existing residential structure on Jay Street, identified on Attachment #2 (Survey Exhibit) as Lot #2. The building, which was completed in 2002, was constructed in such a way that it encroaches into the 8-foot required interior building setback along the property’s western property line. If the Council authorizes the property exchange, the petitioner would be able to satisfy setback requirements and eliminate one obstacle that is currently preventing the issuance of a Certificate of Occupancy.
In exchange the petitioner would deed to the Town 1.1 acres of property along Tanyard Branch and adjacent to Jay Street. These properties are identified as portions of Chapel Hill Township Tax Maps 94.B.9 and 94.B.9A and are overlain by the Resource Conservation District overlay zone, which restricts development. The acquisition of these properties would accomplish several Town goals, including:
In conjunction with the land exchange the property owner has requested the Town allow him to install privately maintained roadway improvements within a section of the Jay Street right-of-way to provide an acceptable means of ingress and egress to his property. These lots and the Jay Street right-of-way were created many years ago, and where not subject to existing regulations that require the construction of roadway improvements prior to recording a plat to create a subdivision of land. Therefore, the existing access in this section of the right-of-way is significantly below the Town’s standard for acceptance as part of the Town’s street system and thus cannot be accepted by the Town as a publicly maintained street. The property owner does not believe it is economically feasible for him to improve the right-of-way to the Town’s public street standards, but is willing to make improvements that would provide for emergency vehicle access.
If the Council adopts the attached resolution the Town Manager would be authorized to execute an encroachment agreement with the property owner. The property owner would be responsible for the construction of a gravel roadway within the unopened public right-of-way. The gravel roadway would be designed and installed to provide for access by fire trucks. Additionally, the agreement would require the owner and any future property owners of the lot to provide perpetual maintenance of the improvements or until such time that the road might be improved to Town standard and accepted into the Town of Chapel Hill’s street system.
We believe that the proposed exchange would generally benefit the Town’s open space, greenways, and stream preservation programs. The proposed roadway improvements would maintain or enhance property values at this location and provide necessary emergency access to existing structures and lots now located at the end of the right-of-way. The attached Resolution would authorize the Town Manager to proceed with the proposed property exchange and right-of-way encroachment agreement.
That the Council adopt the attached resolution authorizing the property exchange and execution of an encroachment agreement for improvements within the Jay Street right-of-way.
