AGENDA #4

MEMORANDUM

TO:                  Mayor and Town Council

FROM:           W. Calvin Horton, Town Manager

SUBJECT:      Public Hearing for Closure of a Section of Rosemary Street Right-of-Way

DATE:            November 14, 2005

The purpose of this hearing is to receive citizen comments on whether the Council should close part of the Rosemary Street right-of-way along the street frontage of the Wallace Parking Deck.  Please see attached map (Attachment 1).

The Manager’s preliminary recommendation is that the Council adopt a resolution that would abandon up to seven feet of the existing 45-foot-wide Rosemary Street right-of-way.

BACKGROUND

On September 12, 2005, the Council authorized the Town Manager to initiate the steps necessary to close a part of the Rosemary Street right-of-way adjacent to the Wallace Parking Deck (please see Attachment 2).  On October 10, 2005, the Council adopted a resolution calling this hearing to receive public comment on the proposed right-of-way closure (please see Attachment 3).  This right-of-way abandonment would provide area necessary to construct residential and commercial units proposed for the Town’s Downtown Development Project on the Wallace Parking Deck site.

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.”

In accordance with State law, notices of this public hearing were published in a local newspaper, posted along the right-of-way and mailed to property owners in the vicinity.  If the right-of-way is closed, the ownership of the property would revert to the Town of Chapel Hill because the strip of right-of-way under consideration is located on the south side of the street where the Town is the only abutting property owner (G.S. 160A-299 is provided as Attachment 4).

DISCUSSION

The Town is now working with the Ram Development Company to develop Town-owned properties in the downtown area.  Based on proposed plans now under discussion, as much as seven feet of the existing Rosemary Street right-of-way would need to be made available for construction.

The proposed closure would reduce the width of the existing right-of-way from approximately 45 feet to 38 feet.  If the Council approves the closure of up to seven feet of the right-of-way, once the exact width of right-of way needed is determined the Manager would have a survey plat prepared showing the abandonment of the public right-of-way and the plat would be recorded with the Orange County Register of Deeds.

Traffic Patterns

This block of Rosemary Street is now a three lane cross-section with travel lanes in eastern and western directions and a center turn lane that provides for left turns into the parking deck, the public alley that runs behind the parking deck, and the private properties on the north side of the street.  The center lane also provides vehicle storage for the left turn lane from Rosemary Street to Henderson Street and is often used for deliveries along the block.

The existing street width along this section of the block is 40 feet from curb to curb.  Therefore we believe the street cross-section could be reduced by as much as seven feet and still leave enough width for two travel lanes and a center turn lane.   Although the lanes would be narrower than they now exist, the retention of the center turn lane would ensure there was no significant change to the existing traffic patterns because of the reduction of the street width.

Closure of more than seven feet of right-of-way would require narrowing the street width to the extent that a three lane cross-section on this section of Rosemary Street could no longer be accommodated.

Utilities

Town staff sent notices of this Public Hearing to all public utility companies that might be affected if the right-of-way is closed.  Orange Water and Sewer Authority, Bell South, Public Service Gas, Duke Energy, and the Town Traffic Signal System all have installations in the section of street right-of-way now being considered for closure.  If the right-of-way is closed it may be necessary to relocate these utilities to other parts of the remaining street right-of-way.

Citizen Input

After the Council called this hearing, nearby property owners were notified by mail. The hearing was also advertised in the Chapel Hill News, and notices were posted at the site.  As of this writing, Town staff has received no comments from citizens concerning the proposed right-of-way closure.

MANAGER’S PRELIMINAY RECOMMENDATION

That the Council adopt the attached resolution which would close up to seven feet of right-of-way on the south side of Rosemary Street adjacent to the Wallace Parking Deck.

ATTACHMENTS

1.         Map (p. 4).

2.         September 12, 2005 Agenda #4r (p. 5).

3.         October 10, 2005 Agenda #4c (p. 8).

4.         G.S. 160A-299 (p. 13).