Town of Chapel Hill header
File #: [18-1000]    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 11/8/2018 In control: Town Council
On agenda: 12/5/2018 Final action: 12/5/2018
Title: Open the Public Hearing and Consider a Request to Close a Portion of the Public Right-of-Way on Aberdeen Drive for the Expansion of the Lumina Theater.
Attachments: 1. Exhibit for Requested Right-of-Way Closure, 2. Draft Staff Presentation, 3. Closure Request Letter from Dixon Pitt, Bryan Properties, 4. Plan for Requested Right-of-Way Closure, 5. NC Statute 160A-299, 6. Memorandum from Town Attorney on “Authority to Require Compensation for Closure of Right-of-Way”, 7. Staff Presentation, 8. A RESOLUTION TO CLOSE A PORTION OF THE PUBLIC RIGHT-OF-WAY ON ABERDEEN DRIVE FOR THE EXPANSION OF THE LUMINA THEATER (2018-12-05/R-9)


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Open the Public Hearing and Consider a Request to Close a Portion of the Public Right-of-Way on Aberdeen Drive for the Expansion of the Lumina Theater.
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Staff:
Department:
Lance Norris, Director
Public Works
Chris Roberts, Manager of Engineering and Infrastructure


Overview: Bryan Properties (Manager of Market Street Association and assisting in the Lumina Theater expansion project) along with the owner of the Lumina Theater have requested closure of a small area of sidewalk on Aberdeen Drive in front of the theater to allow for the theater expansion. The Lumina Theater is located at the intersection of Market Street and Aberdeen Drive in Southern Village, and the requested sidewalk closure is within the public right-of-way on Aberdeen Drive.

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 open the Public Hearing and consider closing a portion of the public right-of-way on Aberdeen Drive for the expansion of the Lumina Theater.

Key Issues:
* This right-of-way closure will require converting two on-street parking spaces on Aberdeen Drive into a sidewalk to continue to meet the sidewalk width requirement outlined in the Southern Village Special Use Permit.
* Bryan Properties polled the area tenants and reported that they have no concern with this right-of-way closure. Market Street Association (the Southern Village business association) and the Town of Chapel Hill Police Department have also reviewed this plan and have no concerns.
* The theater expansion project request is also moving through the planning approval process. An application for a zoning compliance permit was submitted for the expansion.

Fiscal Impact: The Town Attorney provided the attached memorandum describing his ...

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