Title
Hold a public hearing and vote to approve a legislative request by Jeffrey Jones, attorney representing residents and parties in Chatham County to permanently close and abandon a portion of NC HWY 902 right of way
Abstract
Introduction & Background: Per the request by Jeffrey Jones, attorney representing Gavin Mekemson, Maura McKeon, and Triple A Homes, Inc. (“Petitioner”), they are requesting the Chatham County Board of Commissioners abandon & close that 60' wide portion of NC HWY 902 that is marked "The portion of NC 902 along Lot 2 and 3 ... abandoned per NCDOT Project 6.804799 R-3114 Sheet 9", on a plat entitled "Minor Subdivision: Lots 1-5 590 Old Goldston Road, Center Township, Pittsboro, Chatham County, NC", recorded in Plat Slide 2023-352, Chatham County Registry, North Carolina, and being the old road bed of NC HWY 902 running along the eastern and southern boundaries of Lots 2 and 3 and along the northern boundary of Property of Joseph K Barr, lying north of the new right of way of NC HWY 902 as reconstructed at the intersection of NC HWY 902 and NC HWY 87, as shown on the referenced plat in the agenda attachment. The petitioner has already completed the request that the Board adopt the resolution of intent to close the Old Right of Way and call for a public hearing at their February 16 meeting. A notice of the public hearing was published and sent to the adjoining landowners as well as posted upon the affected Right of Way by County Staff. The Attorney served all adjoining landowners with the notice of the public hearing and provided the County with proof of completion.
Discussion & Analysis: The Board should conclude if abandoning & closing of the Right-of-Way is not contrary to the public interest. For example, the Right-of-Way closure should not impair network connectivity or impede emergency access. Other components that can be considered are possible community benefits to the closure such as reducing maintenance liabilities or removing obsolete or unused corridors.
NCDOT abandoned maintenance for this section of right-of-way in 1997, which is confirmed in an email from the District Supervisor covering Chatham County. The process for abandoning public rights-of-way is outlined in NCGS 153A-241 and this is the first step in the process.
How does this relate to the Comprehensive Plan: Closure of the Right-of-Way relates to the Comprehensive Plan as the plan emphasizes managing development pressures, protecting rural character, and concentrating growth in areas where infrastructure currently exists or is planned. The process considers whether the Right-of-Way no longer serves future land-use objectives which in turn allow funding and development efforts to be focused on other areas of the County.
Budgetary Impact: N/A
Recommendation/Motion: Hold a public hearing, then vote to approve an ordinance abandoning and permanently closing the Old Right-of-Way for a portion of NC HWY 902.