Town of Chapel Hill header
File #: [18-0035]    Version: Name:
Type: Consent Status: Passed
File created: 12/21/2017 In control: Town Council
On agenda: 1/24/2018 Final action: 1/24/2018
Title: * Call a Public Hearing for February 28, 2018 to Consider Closing Unmaintained Public Rights-Of-Way Near Smith Avenue.
Attachments: 1. Map of ROW Closure Smith Street, 2. Email Request from Judge Baddour, 416 Smith Avenue, 3. North Carolina General Statute 160A-299, 4. Council Questions with Staff Response and map, 5. A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF THE UNMAINTAINED PUBLIC RIGHTS-OF-WAY LOCATED BETWEEN 416 AND 420 SMITH AVENUE AND BETWEEN 420 SMITH AVENUE AND 550 CHASE PARK ROAD (2018-01-24/R-4)
Related files: [18-0157]

 

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* Call a Public Hearing for February 28, 2018 to Consider Closing Unmaintained Public Rights-Of-Way Near Smith Avenue.

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Staff:

Department:

Lance Norris, Director

Public Works

Chris Roberts, Manager of Engineering and Infrastructure

 

Chris Jensen, Senior Engineer

 

 

Overview: The owner of 416 and 420 Smith Avenue has requested closing the public rights-of-way for two short sections of unpaved and unmaintained public rights-of-way located between 416 and 420 Smith Avenue and between 420 Smith Avenue and 550 Chase Park Road. These public rights-of-way are not in use, and the Town and OWASA have no need for the rights-of-way. 

 

North Carolina General Statute Sec. 160A-299 “Procedures for Permanently Closing Streets and Alleys” sets the process for closing public rights-of-way (see copy attached). The steps outlined in this report and the attached resolution follow the statutory requirements.

 

Recommendation(s):

That the Council adopt the resolution to call a Public Hearing for February 28, 2018 to consider closing the unmaintained public rights-of-way located between 416 and 420 Smith Avenue and between 420 Smith Avenue and 550 Chase Park Road.

 

Key Issues:

                     Once the rights-of-way are closed, the property will be divided equally among all adjacent property owners. Each property owner will be required to file a new plat to assume ownership. Town staff has communicated this information to each affected property owner, and all are in support of the right-of-way closure.

 

Where is this item in its process?

 

Council Goals:

Create a Place for Everyone

Develop Good Places,  New Spaces

Support  Community Prosperity

Nurture Our Community

Facilitate Getting Around

Grow Town  and Gown Collaboration

 

Attachments:

 

Resolution

 

Map of Requested Right-of-Way Closure

 

Email Request from Property Owner, 416 Smith Avenue

 

North Carolina General Statute 160A-299

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED CLOSURE OF THE UNMAINTAINED PUBLIC RIGHTS-OF-WAY LOCATED BETWEEN 416 AND 420 SMITH AVENUE AND BETWEEN 420 SMITH AVENUE AND 550 CHASE PARK ROAD (2018-01-24/R-4)

 

WHEREAS, the Town of Chapel Hill has received a request for the closure of the unmaintained public rights-of-way located between 416 and 420 Smith Avenue and between 420 Smith Avenue and 550 Chase Park Road; and

 

WHEREAS, all abutting properties have existing access to and from public streets and closure of the right-of-way section in question would not deprive any property owner of reasonable means of ingress and egress.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby declares its intent to consider closing the public rights-of-way located between 416 and 420 Smith Avenue and between 420 Smith Avenue and 550 Chase Park Road.

 

BE IT FURTHER RESOLVED that the Council calls a Public Hearing at 7:00 pm on Wednesday, February 28, 2018 in the Council Chamber at Town Hall, 405 Martin Luther King Jr. Boulevard, Chapel Hill, North Carolina to receive public comment on the proposed closure of said right-of-way and hereby authorizes the Town Manager to arrange publication, posting and mailing of notices of the Public Hearing as required by law.

 

This the 24th day of January, 2018.

 

 

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The Agenda will reflect the text below and/or the motion text will be used during the meeting.

 

 

presenter

By adopting the resolution, the Council calls a Public Hearing for February 28, 2018 to consider closing the unmaintained public rights-of-way connecting Chase Park Road to Smith Avenue to Coolidge Road.

recommendation