AGENDA #11
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Merritt Pasture Access Committee’s Report
DATE: November 27, 2000
The attached Resolution A would adopt the Committee’s Report, including the Committee’s recommendation for providing access via the north side of NC 54, and the following modifications:
· The Manager would be authorized to add a spur trail that would connect the sidewalk at the north end of the 15-501 highway bridge over Morgan Creek to the proposed access trail.
· The Manager would be authorized to develop a Vegetation Management Plan, evaluate the condition of the pond and report back to the Council with a proposed action plan by the spring of 2001.
· The recommendation to prohibit bicycles in the meadow would be changed to authorize the Manager to implement a policy allowing bicycles, but with the establishment of signs at the trailheads asking that bicyclists not use the trails during wet conditions and that they respect the rights of pedestrians.
· Decisions related to Dog Parks would be deferred until such time as the Council addresses the recommendations of its Dog Park Committee.
· The recommendation to honor Eben and Ruby Merritt would be referred to the Council’s Naming Committee.
· The Manager would be authorized to postpone consideration of any access options from the eastern edge of the pasture until such time as a western access has been established and evaluated.
· The Manager would be authorized to consider potential methods of funding this project through grants and the Capital Improvements Program.
Resolution B would adopt the Committee’s Report, except that the Morgan Creek bridge access option would be selected, with the same modifications described above under Resolution A.
Resolution C would adopt the Committee’s Report as submitted.
The Town purchased the Merritt Pasture in 1991 for $400,000, using the proceeds of the 1989 Parks bond. Please see the attached map of the Merritt Pasture.
At the time of the purchase, and for several years thereafter, the property was actively used for grazing cattle. From 1991 until 1996 the pasture received sporadic pedestrian use, primarily from nearby residents. From 1996 until 1999 the use of the pasture gradually increased each year. In January 1999, the local media ran several prominent news stories related to the Merritt Pasture, and use became very heavy in a short period of time. Many users parked along the eastbound entrance ramp from 15-501 onto Fordham Boulevard.
In March 1999 the Council authorized the Manager to restrict parking along Fordham Boulevard because of safety issues.
On April 26, 1999, the Council charged the Greenways and Parks and Recreation Commissions to investigate potential access to the Town’s Merritt Pasture. The Commissions created a Committee consisting of members of both Commissions, nearby residents, and citizens at large. The Merritt Pasture Access Committee started its work in February 2000 and finalized its Report on August 29, 2000.
A televised Public Forum was held on May 23, 2000, at the Town Hall. A detailed description of the Public Forum is found on page 5 of the Committee’s Report.
On September 25, 2000, the Council accepted the Report and referred it to the Bicycle and Pedestrian Advisory Board, Community Design Commission, Greenways Commission, Parks and Recreation Commission, Planning Board, and the Manager for comments and recommendations.
DISCUSSION
Description of the Property: The Merritt Pasture is a 30-acre parcel bounded to the south by Morgan Creek, to the west by the Duke Energy sub-station and Highway 15-501, to the north by homes that front on Winter Drive, and to the east by homes that front on Morgan Creek Road.
The site contains a pond that was once used to water cattle. The property is predominantly cleared and portions are occasionally mowed. Some trees are found on the property, predominantly along Morgan Creek and at the rear of the lots that face Morgan Creek Road.
RESPONSES TO THE COMMITTEE’S RECOMMENDATIONS
Below we discuss the Committee’s primary access recommendation followed by miscellaneous recommendations related to access and use of the property.
PRIMARY ACCESS OPTIONS
We believe that the Committee has done a good job describing the various access options as well as the opportunities and problems associated with each approach. The cost estimates are as accurate as we can expect without preparing detailed construction drawings. The descriptions, cost estimates, and “costs and benefits” sections can be found on pages 8-15 of the Committee’s Report.
1) Highway 54 (The Committee’s Recommended Option): See pages 8-9 of the Report. This option would provide an access drive from the south side of Highway 54 Bypass to a new parking lot north of Morgan Creek. A ½ mile trail could provide access from the parking area across Duke Energy property to the Merritt Pasture.
Estimated Cost: $398,000
2) Culbreth Road/15-501 with Morgan Creek Bridge: See pages 10-11 of the Report. This option would provide an access drive from the north side of Culbreth Road to a new gravel parking lot south of Morgan Creek. A trail would be built from the new parking lot across Morgan Creek and under the north end of the 15-501 highway bridge. A trail would be built across the Duke Energy property to the Merritt Pasture.
Estimated Cost: $335,000
3) Culbreth Road/15-501 with Wilson Creek Bridge: See pages 12-13 of the Report. This option would use the same access drive and parking lot plan as Option 2 above. A trail would be built across Wilson Creek to the 15-501 highway bridge. Users would cross the 15-501 highway bridge by using the sidewalk located on the west side of the bridge. A trail would allow people to gain access from the highway to a trail on the north side of Morgan Creek that would pass under the highway15-501 bridge. Users would then cross the Duke Energy property to the Merritt Pasture.
Estimated Cost: $254,000
4) Culbreth Road/15-501 without Bridge: See pages 14-15 of the Report. This option would provide the same entrance and parking lot as Options 2 and 3 above. Instead of a bridge over Morgan Creek and/or Wilson Creek, a sidewalk would be built along the north side of Culbreth Road that would take users to the highway 15-501 bridge. Estimated Cost: $267,000
1. The Committee recommends that the Council adopt the NC 54 access option.
The Committee recommends that the current Greenways Master Plan section related to the proposed Morgan Creek Trail provides the best long-term access solution. Options A and B above contain major elements of the long-range plan for the Morgan Creek Trail outlined in the Greenways Master Plan.
The staff response to the primary access recommendation first addresses planning and design issues, followed by budget and legal implications.
Planning and Design Issues
We agree with the Committee’s conclusion that from a long-range planning perspective, the NC 54 access option would best serve the public. The main issue is the eventual location of the parking lot. We believe that the parking lot should be located on the north side of Morgan Creek and as far west as possible for the following reasons:
· Once the Morgan Creek/Fan Branch Trail system is completely built-out there will be a surplus of parking opportunities on the southern end of the trail including the Southern Community Park, Southern Village Park and Ride lot, and on-street parking in Southern Village. It appears that there will be few opportunities to provide parking on the north side of Morgan Creek. We believe that the parking lot that provides access to the Merritt Pasture should also be the lot that serves the future trail. If a parking lot is not provided along the western end, the future trail users may begin to park in the Frank Porter Graham School or Kingswood Apartments parking lots. For these reasons we believe that the parking lot should be located as far west as possible and on the north side of the creek.
· The NC 54 access would allow the parking area to be built completely removed from any nearby residences.
We believe that the access concerns of residents living on Culbreth Road and in Southern Village can be met by constructing a spur trail. The proposed spur trail would allow pedestrians from Southern Village to directly access the trail by using the Fan Branch Greenway to reach Culbreth Road. Pedestrians would then cross Culbreth Road and use the sidewalk that was recently built on the west side of the new highway bridge over Morgan Creek. From the north end of the highway bridge the proposed spur trail would descend to reach the main Merritt Pasture access trail. This spur was first suggested by the Planning Board and was endorsed by each board that subsequently considered the plan. Resolution A would authorize the Manager to add a spur trail that would connect the north end of the 15-501 highway bridge over Morgan Creek to the proposed access trail.
Budget Issues
A preliminary cost analysis study was performed for the various options. These estimates are attached in the Report’s Appendix. It is important to note that the cost estimates were prepared without the benefit of detailed construction drawings, so they must be considered as planning level estimates only. All costs are given in year 2000 dollars. In summary the cost estimates are as follows:
We have identified the following revenues that might be used for this project:
Payment in Lieu from Southern Village for Morgan Creek Bridge 1, 2 - $116,000
Payment in Lieu of Recreation Area from Culbreth Ridge Subdivision 2 - 76,000
TOTAL $192,000
1. Use of this money is discussed in the Legal and Policy Issues section below.
2. These funds could also be used for other projects in the area such as the Southern Community Park.
Legal and Policy Issues
There is a policy consideration related to the specific language found in the Southern Village West Tract, Special Use Permit. The Special Use Permit language states:
“A payment-in-lieu of constructing the connection to the north side of Morgan Creek from Culbreth Road, the amount to be approved by the Town Manager, may be provided to the Town. In the event that a future decision is made by the Town Council not to construct this link, the funds may be used for other greenway purposes in the immediate area that connect to the existing Southern Village greenway.”
The attorney advises that it is at the discretion of the Council to allocate the funds for any project it deems fits, as long as the project meets certain criteria described in State law. We believe that both payments in lieu could be used for any of the Committee’s options.
2. The committee disagrees with the portion of the Town’s Comprehensive Greenways Master Plan that recommends pedestrian access to the Merritt Pasture from Morgan Creek Road. (Please see the Report’s Appendix for the attached pages 39-43 of the Greenways Comprehensive Master Plan).
Staff Response: The Town’s Comprehensive Greenways Master Plan recommends that pedestrian access to the Merritt Pasture be provided in some manner from Morgan Creek Road. Listed below are costs and benefits of providing an eastern access point:
Benefits of Providing Access from Morgan Creek Drive:
· An eastern access point would allow residents in the neighborhoods to the east of the pasture to have legal access to this open space. Currently, only those houses that actually border on the pasture have legal access. While some neighbors may now allow others to pass through their properties to gain access to the pasture that situation could change at any time.
· Without an eastern access point any resident living east of the pasture who does not have permission to cross private property would be required to drive to one of the proposed parking lots, even if they live within walking distance of the pasture.
Costs Related to Providing Access from Morgan Creek Drive:
· There appears to be a great deal of opposition from the Morgan Creek Road neighborhood to any proposal for an eastern access point.
· If an access point were established and became known to the general public it is likely that parking within the neighborhood would become an issue.
· The financial costs to establish such an access would likely be significant, because we would expect to need to purchase a house lot and the house. If we were to dedicate an access easement along the side of a lot and then resell the house and the remaining land, the cost would be reduced.
We believe that an eastern access point to the pasture is not workable at this time. Therefore, we would recommend that the Council authorize the Manager to postpone any consideration of an eastern access solution until such time as access is provided from the west.
3. The highest value of the property is meadow or pasture. In consultation with the Committee, the Town’s Urban Forester, and the UNC Botanical Garden the Town should develop a vegetation management plan that would describe what, if any, portions of the property should be allowed to revert to woods. The management plan could also address frequency of mowing.
Staff Response: We agree. In the past 10 years, trees have grown to a significant size in the upper (eastern) portion of the meadow and along the Fordham Boulevard entrance ramp. If trees are allowed to grow, certain portions of the pasture will revert to woods. If the line of trees along the entrance ramp continues to grow, the trees will eventually obscure the pasture from the view of motorists. It appears that some nearby residents have started to act on their own by clearing brush and small trees in order to preserve the views in the pasture.
Management of the pasture by the Town has been handled in a number of ways over the past 10 years. For the first 5 years of Town ownership we allowed the original owner to graze cows on the property. In some years we have mowed portions of the pasture. Currently, we have an agreement with a private party that allows that person to make and remove hay from the property. That person has been clearing only the western portion of the site, allowing the eastern portion to begin the process of reforestation.
A vegetative management plan would allow us to develop a mowing plan and schedule that would clearly define what areas would be mowed, what areas (if any) would be allowed to reforest, and how often areas should be mowed. Resolutions A and B contain language authorizing the Manager to develop a Vegetation Management Plan. We would return to the Council with a report by the spring of 2001.
4. The Town should take an active role in maintaining the existing pond.
Staff Response: We will evaluate the pond and determine what maintenance may be required. We will report back to the Council at the same time we present the proposed Vegetation Management Plan. Resolutions A and B contain language to this effect.
5. No bicycles or motorized vehicles (except motorized wheelchairs) should be allowed. Bicycle parking could be located at the edge of the pasture.
Staff Response: We believe that no motorized vehicles (except motorized wheelchairs) should be allowed in the pasture. However, we believe that once an access point is established, a prohibition against bicycles would be unnecessary and difficult to enforce.
Several years ago we experimented with the idea of prohibiting bicycles on natural surface trails. The prohibition was generally ignored, signs noting the restrictions were destroyed, and conflicts related to “bicycles versus pedestrians” issues increased. We responded to this situation by eliminating the prohibition and placing signs at trailheads asking that bicyclists not use the trails during wet conditions and that they respect the rights of pedestrians. This approach has almost eliminated the number of complaints from both pedestrians and bicyclists.
We recommend that a similar approach be used in the pasture if an access point is eventually established. Resolutions A and B contain language that would authorize the Manager to take this approach.
6. The pasture should not become a leash-free dog park.
Staff Response: We recommend that the Town Council address this issue as part of its ongoing investigation by the Dog Park Committee to locate a potential site(s) for such a facility. We do recommend that if a portion of the site is used for a dog park that it be fenced to minimize potential conflicts with other users of the pasture. Resolutions A and B contain language that would defer this decision until the Council addresses the recommendations of its Dog Park Committee.
7. Dog obedience classes should not be allowed in the meadow.
Staff Response: We agree that the site should not be used for dog obedience classes unless a portion of the property is designated and improved as a dog park. Please see Staff Response for #6 above.
8. The approximately 16 acre property that lies west of the Merritt Pasture and the US 15-501 highway bridge, between Morgan Creek and NC 54, could be used as a dog park. The Committee believes that any such dog park should be as large as feasible.
Staff Response: We recommend that the Town Council address this issue as part of its ongoing investigation by the Dog Park Committee to locate a potential site(s) for such a facility. We recommend that if a portion of the site is used for a dog park that it be fenced to minimize incidents with other users of the open space. Resolutions A and B contain language that would defer this decision until the Council addresses the recommendations of its Dog Park Committee.
9. The Committee recommends that the Council grant them authorization to stay in existence for at least 3 additional years, in order to monitor the situation at the pasture.
Staff Response: We concur. The Committee could review the proposed Vegetation Management Plan, assist with wording of signs, and provide feedback related to changing events. We believe that once an access is provided and it has functioned successfully for a reasonable period of time, the need for such a committee would end.
10. The Town should erect a plaque at the entrance to the meadow to honor Eben and Ruby Merritt.
Staff Response: Wording in Resolutions A and B would refer this recommendation to the Council’s Naming Committee.
11. The northern portion of the Fan Branch Trail and the eastern portion of the Morgan Creek Trail (as identified in the Greenways Comprehensive Master Plan) should be provided as soon as possible. Construction of these trail segments would provide needed access from the south, including direct access from Culbreth Ridge and Southern Village.
Staff Response: For a short-term solution we recommend that a spur trail be built from the north end of the Morgan Creek highway bridge to join the proposed trail. Resolution A contains language to this effect.
The best long term solution for an integrated pedestrian and bicycle transportation system south of the 15-501/54 Bypass is the completion of the Fan Branch and Morgan Creek Trails. However, only $192,000 in funds have been located that could be used for this purpose and these are the same funds mentioned above as a potential resource for providing access to the pasture.
12. If necessary, use 1996 Open Space bond funds for easement acquisition.
Staff Response: We have made preliminary contact with Duke Power Company concerning the necessary easement across the substation property. It would be our goal to acquire this easement at no cost. However, if needed, the Council could choose to use 1996 Open Space bond fund proceeds once this area is annexed.
If the Council adopts the Committee’s Report we would take the following actions:
1. Apply for a Parks and Recreation Trust Fund (PARTF) grant and possibly other grants. 1
2. Include the project as a possible budget item within the Town’s Capital Improvement Program. 2
3. Concurrently continue negotiations with Duke Energy concerning acquisition of an easement.
4. Once adequate funds are located, design of the selected access option could begin.
1. Parks and Recreation Trust Fund (PARTF) grants require a dollar for dollar match. If we assume that the $192,000 identified as possible sources of funds are used for this project then we could apply for an additional $192,000. If the grant is successful our budget would be $384,000 without other sources of funds. Other grant opportunities may be possible.
2. Capital Improvement Program funds could be used to provide additional funding for this project.
Bicycle and Pedestrian Advisory Board: This Board did not have a quorum. Individual members expressed concern that the recommended option does not provide access from Culbreth Road or connect to the Fan Branch Trail. One member supported the NC 54 access option if a connection could be made to the existing Fan Branch Trail.
Community Design Commission: The Commission voted unanimously (10-0) to support the NC 54 access option.
Greenways Commission: The Commission voted unanimously (5-0) to support the NC 54 access option with the addition of a spur trail that would provide access to residents of the Culbreth Road/Southern Village area.
Parks and Recreation Commission: This Board did not have a quorum. However, the Commission members present voted unanimously (4-0) to support the NC 54 access option.
Planning Board: The Board voted unanimously (6-0) to support the NC 54 access option with the addition of a spur trail that would provide access to residents of the Culbreth Road/Southern Village area. The Board also recommended that the pedestrian bridge be built in the future.
Manager’s Recommendation: That the Council adopt Resolution A, which would adopt the Commission’s Report, including the NC 54 access option, with the following modifications:
· The Manager would be authorized to add a spur trail that would connect the sidewalk at the north end of the 15-501 highway bridge over Morgan Creek to the proposed access trail.
· The Manager would be authorized to develop a Vegetation Management Plan and report back to the Council with a proposed plan by the spring of 2001.
· The recommendation to prohibit bicycles in the meadow would be changed to development of a policy allowing bicycles, but with the establishment of signs at the trailheads asking that bicyclists not use the trails during wet conditions and that they respect the rights of pedestrians.
· Decisions related to Dog Parks would be deferred until such time as the Council addresses the recommendations of its Dog Park Committee.
· The recommendation to honor Eben and Ruby Merritt would be referred to the Council’s Naming Committee.
· The Manager would be authorized to postpone consideration of any access options from the eastern edge of the pasture until such time as a western access has been established and evaluated.
· The Manager would be authorized to consider potential methods of funding this project through the Capital Improvements Program.
Resolution B would adopt the Committee’s Report, including the Morgan Creek bridge access option, with the same modifications described above under Resolution A.
Resolution C would adopt the Committee’s Report as submitted.
ATTACHMENTS
1. Sketch showing the Merritt Pasture (p. 14).
2. Report of the Merritt Pasture Access Committee to the Town Council (begin new page 1).
3. Minutes of October 22, 1996 Town Council Meeting (p. 29).
4. Bicycle and Pedestrian Advisory Board Recommendations (p. 31)
5. Community Design Commission Recommendations (p. 32)
6. Greenways Commission Recommendations (p. 33).
7. Parks and Recreation Commission Recommendations (p. 34).
8. Planning Board Recommendations (p. 35).
RESOLUTION A
A RESOLUTION ADOPTING THE “REPORT OF THE MERRITT PASTURE ACCESS COMMITTEE TO THE TOWN COUNCIL” WITH MODIFICATIONS (2000-11-27/R-13a)
WHEREAS, on April 26, 1999, the Council charged the Greenways and Parks and Recreation Commissions with certain tasks related to investigating access to the Town’s Merritt Pasture; and
WHEREAS, the Commissions created the Merritt Pasture Access Committee; and
WHEREAS, the Merritt Pasture Access Committee has completed and presented its Report;
NOW, THEREFORE, BE IT RESOLVED that the Council adopts the “Report of the Merritt Pasture Access Committee to the Town Council” with the following modifications:
· The Manager is authorized to add a spur trail that would connect the sidewalk at the north end of the 15-501 highway bridge over Morgan Creek to the proposed access trail.
· The Manager is authorized to develop a Vegetation Management Plan and evaluate the condition of the existing pond and report back to the Council with a proposed action plan by the spring of 2001.
· The Manager is authorized to replace the recommendation to prohibit bicycles in the meadow to development of a policy allowing bicycles, but with the establishment of signs at the trailheads asking that bicyclists not use the trails during wet conditions and that they respect the rights of pedestrians.
· Recommendations related to any potential dog parks or use of dog parks is deferred until such time as the Council addresses the recommendations of its Dog Park Committee.
· The recommendation to honor Eben and Ruby Merritt is referred to the Council’s Naming Committee.
· The Manager is authorized to postpone consideration of any access options from the eastern edge of the pasture until such time as a western access has been established and evaluated.
· The Manager is authorized to consider potential methods of funding this project through grants and the Capital Improvements Program.
This the 27th day of November, 2000.
RESOLUTION B
A RESOLUTION ADOPTING THE “REPORT OF THE MERRITT PASTURE ACCESS COMMITTEE TO THE TOWN COUNCIL” WITH ACCESS OPTION #2 (MORGAN CREEK BRIDGE) AND OTHER MODIFICATIONS (2000-11-27/R-13b)
WHEREAS, on April 26, 1999, the Council charged the Greenways and Parks and Recreation Commissions with certain tasks related to investigating access to the Town’s Merritt Pasture; and
WHEREAS, the Commissions created the Merritt Pasture Access Committee; and
WHEREAS, the Merritt Pasture Access Committee has completed and presented its Report;
NOW, THEREFORE, BE IT RESOLVED that the Council adopts the “Report of the Merritt Pasture Access Committee to the Town Council” with the following modifications:
· The Manager is authorized to pursue implementation of the Morgan Creek Bridge access, rather than the recommended NC 54 access option.
· The Manager is authorized to develop a Vegetation Management Plan and report back to the Council with a proposed plan by the spring of 2001.
· The Manager is authorized to replace the recommendation to prohibit bicycles in the meadow to development of a policy allowing bicycles, but with the establishment of signs at the trailheads asking that bicyclists not use the trails during wet conditions and that they respect the rights of pedestrians.
· Recommendations related to any potential dog parks or use of dog parks is deferred until such time as the Council addresses the recommendations of its Dog Park Committee.
· The recommendation to honor Eben and Ruby Merritt is referred to the Council’s Naming Committee.
· The Manager is authorized to postpone consideration of any access options from the eastern edge of the pasture until such time as a western access has been established and evaluated.
· The Manager is authorized to consider potential methods of funding this project through grants and the Capital Improvements Program.
This the 27th day of November, 2000.
RESOLUTION C
A RESOLUTION ADOPTING THE “REPORT OF THE MERRITT PASTURE ACCESS COMMITTEE TO THE TOWN COUNCIL” (2000-11-27/R-13c)
WHEREAS, on April 26, 1999, the Council charged the Greenways and Parks and Recreation Commissions with certain tasks related to investigating access to the Town’s Merritt Pasture; and
WHEREAS, the Commissions created the Merritt Pasture Access Committee; and
WHEREAS, the Merritt Pasture Access Committee has completed and presented its Report;
NOW, THEREFORE, BE IT RESOLVED that the Council adopts the “Report of the Merritt Pasture Access Committee to the Town Council” as presented.
This the 27th day of November, 2000.