AGENDA #4b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Amendment to Laurel Hill Road Right-of-Way Closure Resolution
DATE: September 13, 2004
The attached resolution would revise the resolution the Council adopted on September 7 calling a Public Hearing on October 18, 2004, to consider closure of a section of Laurel Hill Road and abandon the associated public right-of-way. An amended resolution would expand the section of roadway to be considered for closure beyond the original .2 mile request. (Please see attached map).
In a letter dated August 3 the University of North Carolina at Chapel Hill requested that the Council consider closing a .2 mile section (approximately 1000 feet) of Laurel Hill Road right-of-way within the North Carolina Botanical Garden. (Attachment 1). On September 7 the Council adopted a resolution to consider the permanent closure of a section of street as requested by the University. After further consideration and discussion with Town staff the Botanical Garden staff now requests that the entire section of Laurel Hill Road between Fordham Boulevard and Coker Road be considered for closure.
The proposed change to the resolution would provide for closure of any length of the street between Fordham Boulevard and Coker Road. Thus providing flexibility regarding the section of street the Council might want to close. The University and the Botanical Garden are the only abutting property owners along this section of the street. Thus no additional property boundaries would be affected by this change to the resolution. This right-of-way is shown on Orange County Tax Map 7.66 between Fordham Boulevad and Kings Mill Road.
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.”
If the Council adopts the attached resolution to amend the section of street considered for closure the Public Hearing would still be held on the original Public Hearing date of October 18. Town staff would advertise the Public Hearing, mail notices of the hearing to nearby property owners, solicit input from utility companies and other potentially affected parties to determine if it would be necessary to reserve easements in the Laurel Hill Road right-of-way. We would also further evaluate whether or not the Town has any interest in keeping this right-of-way open.
If the right-of-way is closed, ownership would revert to the adjacent property owners in accord with State law. In this case, the only adjacent property owner is the University. A copy of G.S. 160A-299 is attached for reference.
RECOMMENDATION
That the Council adopt the following resolution calling a Public Hearing on October 18, 2004, and expand the section of street under consideration for closure to include all of the Laurel Hill Road between Fordham Boulevard and Coker Road. and authorizing the Town Manager to have the required notices published, posted on-site and mailed to property owners and utility companies.
ATTACHMENTS
1. Petition/Letter (p. 4).
2. Map (p. 6).
3. G.S. 160A-299 (p. 7).
A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF A SECTION OF LAUREL HILL ROAD RIGHT-OF-WAY (2004-09-07/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares it’s intent to consider closing a section of Laurel Hill Road right-of-way as shown on Orange County Tax Map 7.66, which said right-of-way is approximately 60 feet wide and located between Fordham Blvd and Coker Dr.
BE IT FURTHER RESOLVED that the Council calls a Public Hearing at 7:00 pm Monday, October 18, 2004, in the Council Chamber at Town Hall, 306 N. Columbia Street, Chapel Hill, North Carolina to receive public comment on the proposed closing of said right-of-way.
This the 13th day of September, 2004.