TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: January 9, 2023
RE:
Title
Public Hearing to Consider Closing a Portion of Butler Street
end
COUNCIL DISTRICT(S):
Council District(s)
2
b
Relationship To Strategic Plan:
Desirable Place to Live, Work and Recreate
Executive Summary:
NCGS §160A-299 gives authority and procedures for the City to be able to close a city street or alley. The City received a petition to close an approximately 11,354.78 square feet portion of an unopened portion of Butler Street from an adjacent property owner. The property owner owns both sides of the unopened portion and would like to combine his parcels.
Background:
The Petitioner/adjacent property owner is requesting the closure of an unopened portion of Butler Street. Closing the street will not deny access to any property owner as the petitioner owns both sides of the portion requesting to be closed. The first step in the process dictated by NCGS§160A-299 is to have a resolution signed granting the public hearing to consider the closing and as such, City Council set the public hearing for January 9, 2023 at the Council meeting held on November 28, 2022. Staff has followed all of the statutory procedures to include posting the property and mailing out certified notice letters to adjacent property owners. The property has also been posted on both ends with notice and the notice of this hearing was published for 4 consecutive weeks in the local newspaper. Staff also consulted with the public utility companies to ensure any needed easements would be reserved. The Traffic Engineer researched the property and determined no Traffic Analysis study of the area was needed due to the fact the proposed closure is an unopened portion of the street and even if opened there would be no significant impact to traffic flow by the closure. Fire and EMS were also contacted and relayed no impacts to their response times.
• Petitioner who is also an adjacent property owner is requesting to close an unopened portion of Butler Street to enhance development of the property.
• NCGS §160A-299 gives authority and procedures required for the City to close a city street or alley.
• This closure will not land lock any abutting property owners.
• The public utility companies were contacted and easements will be reserved as requested for the City and the Fayetteville Public Works Commission.
Issues/Analysis:
• No access will be denied to anyone as a result of the proposed closing.
• The Emergency Response times will not be significantly affected.
• There will be no significant impacts to traffic per the City Traffic Engineer.
• The City will be reserving an above ground and underground utility easement over a portion of said alley for city utilities and for PWC.
Budget Impact:
There is no significant impact to the budget as a result of the proposed closing.
Options:
• Adopt the Resolution and Order Closing an Unopened Portion of Butler Street.
• Deny the request.
Recommended Action:
Staff recommends adopting the Resolution and Order Closing an Unopened Portion of Butler Street
Attachments:
• Resolution
• Map