Title
Public Hearing on a Resolution to Close an Unopened Right-of-Way off of Duckworth Avenue
Action
Action:
A. Conduct a public hearing to close an unopened right-of-way off of Duckworth Avenue, and
B. Adopt a resolution to close an unopened right-of-way off of Duckworth Avenue.
Body
Staff Resource(s):
Liz Babson, Transportation
Jeff Boenisch, Transportation
Explanation
§ North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys.
§ The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute.
§ The action removes land from public right-of-way status and attaches it to the adjacent property.
§ The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office.
§ The unopened right-of-way off of Duckworth Avenue is located in Council District 2.
Petitioners
SCP Uptown Heights, LLC - Mr. J. Bart Hopper
Right-of-Way to be Abandoned
The unopened right-of-way is located north of Wesley Heights Way off of Duckworth Avenue.
Reason
The petitioner is vested in all of the abutting property and intends to reassemble this land to include the unopened right-of-way in order to accommodate the Wesley Heights Way Townhouse project. This abandonment/project is consistent with rezoning petition #2016-026, which was approved by City Council on April 18, 2016.
Notification
As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments.
Adjoining property owner(s) - All abutting property is owned by the petitioner.
Neighborhood/Business Association(s)
Wesley Heights Community Association - Notified/no comments
Private Utility Companies - No objections
City Departments
Review by City departments identified no apparent reason this closing would:
§ Be contrary to the public interest;
§ Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and
§ Be contrary to the adopted policy to preserve existing rights-of-way for connectivity.
Attachments
Attachment(s)
Map
Resolution