PLANNING COMMISSION Agenda Item # 1.
CASE SUMMARY Street Closure Planning Commission October 7, 2015 SC-1-1015 Jeff Walton, 341-3260, jeff.walton@wilmingtonnc.gov Staff recommendation APPROVAL Planning Commission recommendation PENDING; 10/7/15 City Council: Intent to Close PENDING; 11/3/15 City Council: Closure Resolution PENDING; 1/5/16 Request Location Acreage Request Applicant Entire section of West Westwood Drive between Military Cutoff Road and Station Road 0.99 of an acre Close the entire improved/unimproved right-of-way section of West Westwood Drive beginning at the intersection at Military Cutoff Road extending westward to the intersection at Station Road Hodges Coxe Potter & Phillips, LLP, Samuel B. Potter, sam@hcpplaw.com 3907-100 Wrightsville Avenue, Wilmington, NC 28403 (910) 772-1678 Current land use and zoning Property Current Zoning MHP, Mobile Home Park District Land Use Single-family Aerial Map Land Planning Data Applicable Plans/Policies CAMA Land Use City of Wilmington Adopted Focus Areas Wetland Resource Protection Surrounding Area North South East West Zoning MHP MHP MHP R-15 Current Land Use Mobile home park, vacant Single-family, vacant Single-family Single-family
SC-1-1015; West Westwood Drive Case Overview PROPOSAL and ANALYSIS Close the entire improved/unimproved right-of-way section of West Westwood Drive beginning at the intersection at Military Cutoff Road extending westward to the intersection at Station Road. The subject right-of-way area consists of + 0.99 of an acre of land on approximately 976 linear feet in length. A portion of West Westwood Drive is a 40-foot wide private right-of-way that is 793 feet in length. A smaller 183 feet in length portion of West Westwood Drive is within the NCDOT right-of-way. 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 development was annexed into the city on January 31, 1999 and zoned MHP. 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. No street under the control of the North Carolina Department of Transportation (NCDOT) may be closed unless the NCDOT consents thereto. 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 Comments provided 2.1 Public Utilities and Engineering Table 2.1.1 Cape Fear Public Utilities (CFPUA) Type Ownership Size Location Water Main (Existing) CFPUA 8-inch & West Westwood Drive 2-inch Sewer Main (Existing) CFPUA 10-inch West Westwood Drive 2
SC-1-1015; West Westwood Drive 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. 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 2 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) A portion of West Westwood Drive is a 40-foot wide private right-of-way that is 793 feet in length. A smaller 183 feet in length portion of West Westwood Drive is within the NCDOT right-of-way. 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) All public utility and drainage easements shall be abandoned prior to plat approval. 4) The closure would not impair the surrounding street network. 5) The proposed request is not contrary to the public interest. 6) No individual owning property along the street would be deprived reasonable access for their property if the street is closed. 3
SC-1-1015; West Westwood Drive RECOMMENDATION Closing the entire right-of-way for West Westwood Drive will not impair the surrounding public street network and would not adversely impact neighboring properties. The street closure is tied to a larger redevelopment of all properties along West Westwood Drive. 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 City Council Signs Posted 9/22/15 10/20/15 Property Owner Letters 9/22/15 10/20/15 Advertisement Date(s) 10/2/15 10/23/15 & 10/30/15 Other Contact(s) None None City Council Signs Posted 12/22/15 Property Owner Letters 12/22/15 Advertisement Date(s) 12/11/15, 12/18/15, 12/25/15 & 1/1/16 Other Contact(s) None ACTIONS TO DATE Planning Commission recommendation PENDING; 10/7/15 City Council: Intent to Close PENDING; 11/3/15 City Council: Closure Resolution PENDING; 1/5/16 ATTACHMENTS 1. Application for the Official Closing of a Public Street or Alley (Dated 8/20/15) 2. Location & Zoning Map (Dated 9/4/15) 3. Aerial Map (Dated 9/4/15) 4. NC GS 160A-299 Excerpt (Dated 9/4/15) 5. Road Closure Survey (Dated 8/20/15) 4
Attachment 2 Land Use & Zoning Map SC-1-1015 West Westwood Drive Site Single Family Multi Family Mobile Home/Park Vacant Agriculture Industrial Utilities Office & Institutional Commercial Parks Cemetery City of Wilmington 9/4/15
Attachment 3 Aerial Map SC-1-1015 West Westwood Drive Site City of Wilmington 9/4/15