PLANNING COMMISSION. Agenda Item # 8.

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1 PLANNING COMMISSION Agenda Item # 8.

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3 CASE SUMMARY Street Closure Planning Commission February 1, 2016 SC Jeff Walton, , Staff recommendation APPROVAL Planning Commission recommendation 2/1/17; SCHEDULED FOR PUBLIC HEARING City Council: Intent to Close 2/21/17; PENDING City Council: Closure Resolution 3/21/17; PENDING Request Location A portion of Service Road located north of Market Street and approximately 450 feet east of Martin Luther King Jr. Parkway Acreage 0.09 of an acre Request Closure of a portion of a public right-of-way located on the west side of Service Road extending 142 feet north of its intersection with Market Street Applicant McFetters and Moser Property Management (910) James Moser, President j.mosermechanical@gmail.com 1212 Marstellar Street, Wilmington, NC Current land use and zoning Aerial Map Property Zoning Land Use Land Planning Data Applicable Plans/Policies CAMA Land Use Current RB, Regional Business District Right-of-way, parking lot City of Wilmington Adopted Focus Areas Urban Surrounding Area North South East West Zoning RB RB RB RB Current Land Use Right-of-way Right-of-way Retail Vacant building

4 SC-1-217; Portion of Service Road Case Overview PROPOSAL and ANALYSIS The subject right-of-way area consists of of an acre of land. The portion of the western side of Service Road to be closed is a portion of public street right-of-way that is 142 feet in length. The remainder of Service Road would remain as a public street right-of-way and is not part of this request for closure. Currently, the site is occupied with a parking lot to serve the business located at 5671 Market Street, the former Pure Gold s Crazy Horse Gentlemen s Club. If approved, the street closure request will allow the property owner to redevelop the site. According to NC GS 160A-299, to permanently close any street, the applicant must submit a street closure petition for permanent closure. (Attachment 4) 1. Zoning History The proposed right-of-way closure was annexed into the city on January 31, 1999 and zoned RB. 2. Technical Review No individual owning property in the vicinity of the street proposed to be closed would be deprived of reasonable means of ingress and egress to the property. The principal issue in determining whether to close a public right-of-way is whether or not closure of the right-of-way would impair the surrounding street network. Consideration must be given as to whether closing the street is contrary to the public interest and would adversely impact neighboring properties. As part of the procedural requirement for all street closure requests, representatives of the following city divisions or departments were notified of the proposal to allow opportunity for comments regarding impacts of the proposal: Reviewing Entity Traffic Engineering Cape Fear Public Utility Authority (CFPUA) Surveying Police Fire Public Services Stormwater Services Transportation Planning Planning NCDOT Findings No adverse impact; No adverse impact; Comments provided No adverse impact; No adverse impact; No adverse impact; No adverse impact; No adverse impact; Comments provided No adverse impact; Comments provided No adverse impact; No adverse impact; Comments provided 2.1 Cape Fear Public Utility Authority No known water or sewer mains exist within Service Road. Notice must be given to the CFPUA before abandoning any CFPUA infrastructure. A licensed utility contractor must be approved by the CFPUA prior to construction approval. All public utility and drainage easements would be abandoned prior to plat approval. 2

5 SC-1-217; Portion of Service Road 2.2 Stormwater Services A 48-inch stormwater pipe exists within the proposed closure portion. The city will require a 35-foot public easement within the closure to maintain this infrastructure. 2.2 Transportation Planning and NCDOT The proposed closure does not affect the NCDOT funded Market Street project. The NCDOT project is to widen Market Street in order to install a concrete median down the center of the street. NCDOT has requested that a temporary construction easement (TCE) be donated by the applicant within the proposed street closure area. 3. City Code of Ordinances Part I. Charter and Related Laws Subpart A. The Charter Article XVI. Closing of Public Streets and Alleys Chapter Section 16.1 Closing of Public Streets and Alleys The City Council shall have the power to close any public street or alley or portion thereof that is now or may hereafter be opened or dedicated, either by the recording of a plat or otherwise Upon receipt of a sufficient application and petition signed by the majority of property owners owning the majority of property abutting the public street or alley requesting the closing, and after an investigation on the sufficiency of the application and petition by the city attorney or other designated individual or agency, and after a review and recommendation by the Planning Commission, the City Council may adopt a resolution declaring the intent to close the public street or alley and calling a public hearing on the question. 4. Public Notification: If recommended for approval by the Planning Commission, the City Council will review a resolution of intent to close the Street at their next possible meeting date, allowing for proper notification. The resolution of intent to close request will be published once a week for four successive weeks prior to the scheduled public hearing. Notices will be sent by registered mail or certified mail with a copy of this resolution to all owners of property adjoining the street or portion thereof. Signs, advertising the public hearing, will be placed on the site 4 weeks prior to the public hearing with City Council. After advertising has been completed, the City Council will hold a public hearing on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. CONCLUSIONS 1) The portion of western side of Service Road to be closed is a portion of public street right-of-way that is 142 feet in length extending from Market Street. 2) According to NC GS 160A-299, to permanently close any street public or private, the applicant must submit a street closure petition for permanent closure. 3) The closure would not impair the surrounding street network. 3

6 SC-1-217; Portion of Service Road 4) The proposed request is not contrary to the public interest. 5) No individual owning property along the street would be deprived reasonable access for their property if the street is closed. RECOMMENDATION Closing the public right-of-way portion for Service Road will not impair the surrounding public street network and would not adversely impact neighboring properties. The surrounding street network would not be impaired as a result of the street closure application. Staff recommends approval of the request. NEIGHBORHOOD CONTACT Planning Commission Signs Posted 1/17/17 Property Owner Letters 1/17/17 Advertisement Date(s) 1/27/17 Other Contact(s) John Stone, Robert Berg, Bob Thompson, Emie Hewlett, Becky Powell City Council City Council Signs Posted 2/2/17 3/1/17 Property Owner Letters n/a 3/1/17 Advertisement Date(s) 2/5/17 & 2/17/17 2/24/17, 3/3/17, 3/10/17 & 3/17/17 Other Contact(s) None None ACTIONS TO DATE Planning Commission recommendation 2/1/17; SCHEDULED FOR PUBLIC HEARING City Council: Intent to Close 2/21/17; PENDING City Council: Closure Resolution 3/21/17; PENDING ATTACHMENTS 1. Application for the Official Closing of a Public Street or Alley (Dated Received 12/15/16) 2. Aerial Map (Dated 1/17/17) 3. Location & Zoning Map (Dated 1/17/17) 4. NC GS 160A-299 Excerpt (Dated 9/4/15) 5. Road Closure Survey (Dated Received 12/15/16) 4

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10 SC Attachment 2 Aerial Imagery Market St Service Rd Site Parcels Martin Luther King Jr Pky Service Rd Market St Eastwood Rd Feet 1/17/2017

11 IND I-1 County R-10 County I-1 County SC Attachment 3 Land Use & Zoning Market St Service Rd Site Martin Luther King Jr Pky B-2 County Single Family Mobile Home/Park Industrial Commercial Office & Institutional Vacant Agricultural Service Rd Utilities City Limits Market St RB Eastwood Rd Feet 1/17/2017

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15 N NORTH CAROLINA NEW HANOVER COUNTY I, BENJAMIN F. FARROW III, PLS, CERTIFY THAT THIS RIGHT OF WAY CLOSURE MAP WAS COMPLETED UNDER MY DIRECT SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY DIRECT SUPERVISION; THAT THIS BOUNDARY SURVEY IS OF AN EXISTING PARCEL OF LAND REFERENCED WITHIN THE NEW HANOVER COUNTY REGISTRY IN DEED BOOK 5672 PAGE 2891; THAT THE RECOVERED FIELD MONUMENTATION LYING UPON THE EXISTING RIGHT-OF-WAYS AND TRACT LINES WAS USED TO RE-ESTABLISH THE EXISTING RIGHT-OF-WAY AND THE SUBJECT PARCEL BOUNDARIES; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS BROKEN LINES AND DRAWN FROM REFERENCED RECORD INFORMATION AS SHOWN HERE ON; THAT THIS PLAT WAS NOT PREPARED IN ACCORDANCE WITH G.S NOT TO SCALE BENJAMIN F. FARROW, PLS L-5104 NOTES: 1. The depicted survey was field located November The purpose of this map is to show the relationship to the perimeter boundary and existing right of way. 3. This lot lies within FEMA Zone "X" per FEMA Map No J Effective Date: April 3, All distances are horizontal ground measurements unless otherwise noted. 5. All areas computed by coordinate computation method. 6. Survey basis of bearing per NCDOT Project US 17(Market Street) TIP# U This map was drawn without the benefit of a full title report and is subject to any easements, Right-of- Ways or encumbrances a full title report may reveal. THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT IS BASED ON THE NAD 83/NSRS 2007 STATE PLANE COORDINATES FOR THE NCDOT MONUMENT "P-122" WITH A NORTHING OF 205, EASTING OF 2,360, THE AVERAGE COMBINED FACTOR USED ON THIS PROJECT (GROUND TO GRID) IS ALL LINEAR DISTANCES ARE LOCALIZED HORIZONTAL DISTANCES. THE VERTICAL DATUM IS NAVD 88 Recorded in the New Hanover County Registry at Map Cabinet, Page, Slide GEOMATICS MOBILE HYDROGRAPHIC SUBSURFACE 211 Racine Drive, Suite 101 Wilmington, North Carolina (910) / / License # C-0587