Agenda #4r

memorandum

to:                  Mayor and Town Council

from:            W. Calvin Horton, Town Manager

subject:      Partial Closing of Rosemary Street Right-of-Way for Downtown Development Project

date:            September 12, 2005

PURPOSE

The purpose of this report is to seek Council authorization to initiate the steps needed to close a portion of the Rosemary Street right-of-way in front of the Wallace Parking Deck in order to allow the new development of residential and commercial facilities on that site.

BACKGROUND

In accordance with authorization provided the Town Council, a team of Council members, Town staff, and consultants has been negotiating with Ram Development Company to complete a proposed Development Agreement for a new residential and retail project on Parking Lot 5, on West Franklin Street, and the addition of residential and commercial facilities on the Wallace Parking Deck Site on East Rosemary Street.  Tentative proposals for these sites have been presented to the Town Council.  Consideration of approval of a Development Agreement is scheduled for next month.

DISCUSSION

The current proposal for development on the Wallace Parking Deck site calls for the addition of residential units on top of the existing parking facility, with some of the residential (and possibly commercial facilities) extending along the face of the brick facade facing Rosemary Street.  Tentative plans would necessitate the use of some of the current public right of way of Rosemary Street. 

Because of the notice requirements in State law, in order to provide for the possibility of using some of the right of way of Rosemary Street for this development, we believe it would be appropriate at this time to authorize the Town Manager to initiate the procedures for such a closing.

Based on tentative plans being considered and the need to retain a reasonable street width for Rosemary Street, we believe it would be appropriate to consider the potential closing of up to seven feet of the current width of Rosemary Street along its Town-owned frontage from Henderson Street to the western end of the Wallace Parking Deck site.  The actual width of right of way to be closed, up to a maximum of seven feet, would be determined by the Council at a later date when plans for the new development on this site are being considered by the Council.  The closing would be contingent upon the Council’s approval of a project for the development of this site.

RECOMMENDATION

We recommend that the Council adopt the attached resolution to authorize the Town Manager to initiate the procedural steps required by State law to close up to seven feet of the width of East Rosemary Street, along its southern side in front of the Town-owned Wallace Parking Deck and adjacent Town-owned property at the corner of Rosemary and Henderson Streets.


A RESOLUTION AUTHORIZING THE TOWN MANAGER TO INITIATE THE STEPS FOR THE PARTIAL CLOSING OF THE ROSEMARY STREET PUBLIC RIGHT OF WAY TO ACCOMMODATE NEW DEVELOPMENT ON THE SITE OF THE WALLACE PARKING DECK (20O5-09-12/R-13)

WHEREAS, the Town is negotiating with Ram Development Company for the development of new residential and commercial facilities on the site of the Wallace Parking Deck; and

WHEREAS, plans under consideration tentatively would need some portion of the right of way of East Rosemary Street;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to initiate the steps required by State law in order to permit the Council to consider, as part of any new development approved for this site, the closing of up to seven feet of the width of Rosemary Street, on its south side, from the corner of Henderson Street to the western end of the Town-owned property.

This the 12th day of September, 2005.