Title
Resolution Closing a Portion of East February One Place from its Intersection with South Davie Street Westward a Distance of Approximately 133 Feet (City of Greensboro and Elm Street Center, LLC)
Body
Department: Planning
Council District: District #3
Public Hearing: Yes
Advertising Date/By: October 5th and 12th, 2017/ City Clerk
Contact 1 and Phone: Sue Schwartz at 373-2149
Contact 2 and Phone: Steve Galanti at 373-2918
PURPOSE:
The abutting property owners have requested the closing of a portion of East February One Place from its intersection with South Davie Street westward a distance of approximately 133 feet. Staff requests that City Council hold a public hearing to receive public comment and to consider adoption of the street closing resolution.
BACKGROUND:
This request involves the right-of-way for East February One Place from its intersection with South Davie Street westward a distance of approximately 133 feet.
The petition was signed by the property owner bordering 266 feet (100%) of the 266 feet of total frontage along the right-of-way.
The closing is being requested so that the land can be added to the abutting property to aid future development of a downtown development project which will include a new parking structure spanning above the portion of the street to be closed.
This portion of the street will continue to be available for vehicular and pedestrian access (upon completion of the new parking structure) between South Elm Street and South Davie Street.
BUDGET IMPACT:
There will be no impact on the current or future budgets.
RECOMMENDATION / ACTION REQUESTED: The Technical Review Committee (TRC) feels circumstances here allow the City to make the two required determinations for a street closing: (1) that closing the street to vehicular traffic is not contrary to the public interest, and (2) that no property owner in the vicinity is deprived of reasonable means of ingress and egress.
Therefore, the Technical Review Committee (TRC) recommended the closing with four conditions: 1) The City shall retain 20-foot utility easements over existing utility lines until such time as the lines are no longer needed for public use; 2) The applicant shall either dedicate to the City of Greensboro a 20-foot public access easement or combine the entire portion of the street to be closed with property under the City’s ownership; 3) The applicant shall provide a minimum of 15 feet clearance height underneath the proposed deck within the portion of the street to be closed; 4) The street closure is to become effective upon the recording of a plat in the Guilford County Register of Deeds that depicts the portion of street to be closed being combined with the abutting property and the dedication of the 20-foot public access easement. The plat shall be signed by each property owner who has an ownership interest in the portion of street to be closed. The Planning Board recommended this closing, with the stated conditions, at its September meeting on a vote of 7-0.
The public hearing was originally scheduled for October 17, 2017, postponed until November 14, 2017, and then postponed again so that a public information meeting could be held on December 12, 2017, at the International Civil Rights Museum.
Accordingly, it is recommended that on December 19, the City Council hold a public hearing to receive public comment and to consider adoption of the resolution closing this portion of East February One Place.
The owners of the adjacent parcels, the City of Greensboro to the north of February One Place and Elm Street Center, LLC to the south of February One Place, have agreed that the entire street parcel will be combined with the City property.