Item Overview - Granicus

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Item Overview Business Meeting – 10/26/2016 Agenda # 7 Subject: Open the Public Hearing and Consider a Request to Close Porthole Alley and Fraternity Row Rights-of-Way Staff: Lance Norris, Director

Department: Public Works

Overview: The Town received a request from University of North Carolina at Chapel Hill Vice Chancellor Matthew Fajack to close the Porthole Alley and Fraternity Row rights-of-way. This request will enable the University to control vehicular access and make significant pedestrian improvements to this prominent entranceway from the downtown area. To accommodate this closure, the University is proposing to construct a new east-west vehicular alley off South Columbia Street to provide service and emergency vehicle access to affected properties on East Franklin Street. Recommendations  That the Council consider the requested right-of-way closures and adopt Resolution A, closing the rights-of-way of Porthole Alley and Old Fraternity Row, if the Council determines the closures would not be contrary to the public interest and that no individual owning property in the vicinity of the closures would be deprived of reasonable means of ingress and egress to his or her property.  The Council can close the Public Hearing this evening and take action on the requested closures or refer action to a future meeting. Key Issues  Town staff has reviewed the proposed improvement plans including construction of a new east-west alley and has determined that service and emergency vehicle access will not be negatively impacted by the proposed closures.  Concurrent with the closures, the Town will reserve appropriate public access easements over closed sections of right-of-way needed for pedestrian and emergency vehicle access and will obtain a new easement over the newly-constructed east-west alley for emergency and service vehicle access. Fiscal Impact/Resources: None Where is this item in its process? Town Evaluation of Request to Assure Appropriate Service and Emergency Vehicle Access

Council Called Public Hearing September 19, 2016

Report and Recommendation Presented to Town Council, Open Public Hearing October 26, 2016

Continue Public Hearing; Close Hearing; Council Action

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Council Goals: ☐

Create a Place for Everyone

☐

Develop Good Places, New Spaces

☐

Support Community Prosperity

☐

Nurture Our Community

☒

Facilitate Getting Around

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Grow Town and Gown Collaboration

Attachments:  UNC Presentation  Resolution A  Resolution B  GS 160A-299  Request Letter from Vice Chancellor Matthew Fajack  Porthole Alley/ Old Fraternity Court Plans from September 12, 2016 Presentation to Town Council

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DRAFT

Town of Chapel Hill Town Council

UNC-CHAPEL HILL PORTHOLE ALLEY IMPROVEMENTS OCTOBER 26, 2016

CHAPEL HILL TOWN COUNCIL

OCTOBER 2016

37

PROJECT LOCATION

DRAFT Old Fraternity Row

Porthole Alley


OCTOBER 2016

38 PROJECT LOCATION – FRANKLIN ST. LOOKING

SOUTH

DRAFT CHAPEL HILL TOWN COUNCIL

OCTOBER 2016

39

PROJECT LOCATION – LOOKING NORTH


OCTOBER 2016

40

EXISTING CIRCULATION Primary Ped/Vehicular Paths Blue – pedestrian Red – vehicular Relative width indicates Intensity of use

DRAFT Parking Areas

Parking Areas


OCTOBER 2016

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PORTHOLE ALLEY IMPROVEMENTS PROJECT – PHASE 1

FRANKLIN STREET

DRAFT FRANKLIN

Brick pavement pedestrian/bicycle path

STREET COMMERCIAL

SOUTH COLUMBIA STREET

BUILDINGS

PHASE 1 ACCESS DRIVE

8

ACKLAND

ART MUSEUM

New open space SCULPTURE

GARDEN

IMPROVEMENTS

HANES

ART CENTER

N

PHASE ONE PLAN CHAPEL HILL TOWN COUNCIL

OCTOBER 2016

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PROJECT GOALS • Create a safe and attractive pedestrian and bicycle connection between the Town and the University • • • • • •

ADA accessible Reduce pedestrian/vehicular conflicts New exterior lighting throughout the area Renovate an existing sculpture garden Add new landscaped open space Strengthen community relationships

DRAFT

• Maintain or improve access for: • Adjacent landowners and tenants • Pedestrians • Emergency vehicles


OCTOBER 2016

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PROJECT GOAL – MAKE IT A SAFER PLACE!


OCTOBER 2016

44

PROJECT GOAL – MAINTAIN ACCESS

DRAFT Commercial Property

University United Methodist Church

University Property (yellow)


OCTOBER 2016

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PROJECT PROCESS – PLANNING & CONSTRUCTION • 2014 Porthole Alley Master plan workshops with the Community – – – –

Town staff, including fire, public safety, planning, and operations University community including students, faculty & staff Feedback: Make this a safe place for the community! UNC Board of Trustees approval for master plan in 2015

DRAFT

• 2015-2016 Porthole Design project

– Reviews with NCDOT & Town for new driveway access – Design reviews with Town staff, OWASA, University staff, NC State Construction Office – Meetings with University neighbors, commercial property owners and tenants

• 2016-2017 Construction schedule – November 2016 – April 2017


OCTOBER 2016

46

PROJECT PROCESS – ALLEY CLOSURES

DRAFT Old Fraternity Row

Porthole Alley


OCTOBER 2016

47

PROJECT PROCESS – ALLEY CLOSURES 1. 2. 3.

September 2016 Letter Request to the Town to Close Alleys UNC meets with adjoining landowners and tenants Public Hearing a) Ensures public benefit and continued access for landowners

4.

DRAFT

Town votes on alley closures, subject to:

a) NC Council of State approval b) University and landowners adjacent to alleys complete transfers of access rights

5. 6. 7. 8. 9.

UNC constructs new entrance at South Columbia Town signs order closing alleys, subject to conditions under bullet #4 Alley property transferred to UNC NC Council of State Approval University and landowners adjacent to alley complete transfers of access rights


OCTOBER 2016

48 PROJECT PROCESS – CONTINUED ACCESS FOR NEIGHBORS, PEDESTRIANS & EMERGENCY RESPONSE

• After construction, bollards installed at Old Fraternity Row and Franklin Street to block vehicles • UNC grants legal access to adjoining landowners over new entrance and Porthole Alley

DRAFT

– Tenants may also use for parking and deliveries

• UNC maintains access for pedestrians and emergency vehicles over new entrance and both alleys • UNC Employee & Hill Commercial Bldg. parking maintained • Public parking in the N2 lot after 5:00PM is maintained


OCTOBER 2016

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THANK YOU

FRANKLIN STREET

DRAFT FRANKLIN

Brick pavement pedestrian/bicycle path

STREET COMMERCIAL

SOUTH COLUMBIA STREET

BUILDINGS

PHASE 1 ACCESS DRIVE

8

ACKLAND

ART MUSEUM

New open space SCULPTURE

GARDEN

IMPROVEMENTS

HANES

ART CENTER

N


OCTOBER 2016

50 RESOLUTION “A”

A RESOLUTION CLOSING THE RIGHTS-OF-WAY OF PORTHOLE ALLEY AND OLD FRATERNITY ROW (2016-10-26/R-7) WHEREAS, the Town of Chapel Hill has received a request to close the rights-of-way of Porthole Alley and Old Fraternity Row as indicated in a letter from University of North Carolina at Chapel Hill Vice Chancellor Matthew Fajack to the Town Council dated August 12, 2016; and WHEREAS, the Chapel Hill Town Council on September 19, 2016 adopted a resolution of intent to consider closing the rights-of-way; and WHEREAS, a Public Hearing regarding the proposed right-of-way closures was held on October 26, 2016; and WHEREAS, the Council finds, upon review of the facts and of information received at the Public Hearing, that closing the rights-of-way of Porthole Alley and Old Fraternity Row would not be contrary to the public interest and that no individual owning property in the vicinity of the proposed closures would be deprived of reasonable means of ingress and egress to his or her property by the closing of said rights-of-way. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts this order pursuant to North Carolina G.S. 160A-299 permanently closing the Porthole Alley and Old Fraternity Row public rights-of-way. BE IT FURTHER RESOLVED that prior to any construction activities within these rights-ofway, the Town Manager shall approve final plans for this construction. BE IT FURTHER RESOLVED that limitations to vehicular use of these sections of rights-ofway shall not be implemented until such time as a new access route has been constructed off of South Columbia Street and a public access easement recorded for this access route. BE IT FURTHER RESOLVED that said plat and a copy of this Order shall be recorded by the requesting party, with the Orange County Registry, upon approval by the Town and certification by the Town Manager that the preceding conditions of approval have been met, said certification to be attached to this Resolution as an Exhibit prior to recordation. This the 26th day of October, 2016.

51 RESOLUTION “B”

A RESOLUTION DENYING A REQUEST TO CLOSE THE RIGHTS-OF-WAY OF PORTHOLE ALLEY AND OLD FRATERNITY ROW (2016-10-26/R-8) WHEREAS, the Town of Chapel Hill has received a request to close the rights-of-way of Porthole Alley and Old Fraternity Row as indicated in a letter from University of North Carolina at Chapel Hill Vice Chancellor Matthew Fajack to the Town Council dated August 12, 2016; and WHEREAS, the Chapel Hill Town Council on September 19, 2016 adopted a resolution of intent to consider closing the rights-of-way; and WHEREAS, a Public Hearing regarding the proposed right-of-way closures was held on October 26, 2016; and WHEREAS, the Council finds, upon review of the facts and of information received at the Public Hearing, that closing the rights-of-way of Porthole Alley and Old Fraternity Row would be contrary to the public interest and that individuals owning property in the vicinity of the proposed closure would be deprived of reasonable means of ingress and egress to his or her property by the closing of said rights-of-way. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the request to close the Porthole Alley and Old Fraternity Row rights-ofway. This the 26th day of October, 2016.

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§ 160A-299. Procedure for permanently closing streets and alleys. (a) When a city proposes to permanently close any street or public alley, the council shall first adopt a resolution declaring its intent to close the street or alley and calling a public hearing on the question. The resolution shall be published once a week for four successive weeks prior to the hearing, a copy thereof shall be sent by registered or certified mail to all owners of property adjoining the street or alley as shown on the county tax records, and a notice of the closing and public hearing shall be prominently posted in at least two places along the street or alley. If the street or alley is under the authority and control of the Department of Transportation, a copy of the resolution shall be mailed to the Department of Transportation. At the hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. If it appears to the satisfaction of the council after the hearing that closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity of the street or alley or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property, the council may adopt an order closing the street or alley. A certified copy of the order (or judgment of the court) shall be filed in the office of the register of deeds of the county in which the street, or any portion thereof, is located. (b) Any person aggrieved by the closing of any street or alley including the Department of Transportation if the street or alley is under its authority and control, may appeal the council's order to the General Court of Justice within 30 days after its adoption. In appeals of streets closed under this section, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the city council, the council's decision to close the street was in accordance with the statutory standards of subsection (a) of this section and any other applicable requirements of local law or ordinance. No cause of action or defense founded upon the invalidity of any proceedings taken in closing any street or alley may be asserted, nor shall the validity of the order be open to question in any court upon any ground whatever, except in an action or proceeding begun within 30 days after the order is adopted. The failure to send notice by registered or certified mail shall not invalidate any ordinance adopted prior to January 1, 1989. (c) Upon the closing of a street or alley in accordance with this section, subject to the provisions of subsection (f) of this section, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley, and the title of such adjoining landowners, for the width of the abutting land owned by them, shall extend to the centerline of the street or alley. The provisions of this subsection regarding division of right- of-way in street or alley closings may be altered as to a particular street or alley closing by the assent of all property owners taking title to a closed street or alley by the filing of a plat which shows the street or alley closing and the portion of the closed street or alley to be taken by each such owner. The plat shall be signed by each property owner who, under this section, has an ownership right in the closed street or alley. (d) This section shall apply to any street or public alley within a city or its extraterritorial jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has actually been opened. This section also applies to unopened streets or public alleys that are shown on plats but that have not been accepted or maintained by the city, provided that this section shall not abrogate the rights of a dedicator, or those claiming under a dedicator, pursuant to G.S. 136-96. (e) No street or alley under the control of the Department of Transportation may be closed unless the Department of Transportation consents thereto. (f) A city may reserve a right, title, and interest in any improvements or easements within a street closed pursuant to this section. An easement under this subsection shall include utility, drainage,

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pedestrian, landscaping, conservation, or other easements considered by the city to be in the public interest. The reservation of an easement under this subsection shall be stated in the order of closing. The reservation also extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility agreement or franchise with the city. (g) The city may retain utility easements, both public and private, in cases of streets withdrawn under G.S. 136-96. To retain such easements, the city council shall, after public hearing, approve a "declaration of retention of utility easements" specifically describing such easements. Notice by certified or registered mail shall be provided to the party withdrawing the street from dedication under G.S. 13696 at least five days prior to the hearing. The declaration must be passed prior to filing of any plat or map or declaration of withdrawal with the register of deeds. Any property owner filing such plats, maps, or declarations shall include the city declaration with the declaration of withdrawal and shall show the utilities retained on any map or plat showing the withdrawal. (1971, c. 698, s. 1; 1973, c. 426, s. 47; c. 507, s. 5; 1977, c. 464, s. 34, 1981, c. 401; c. 402, ss. 1, 2; 1989, c. 254; 1993, c. 149, s. 1; 2015-103, s. 1.)

DocuSign Envelope ID BA2C5328-C146-4C1C-B8E3-1B9D2CAESD28

54

UNC

DIVISION OF FINANCE A:-:D AD\.tiNISTRATION

T H E UN I VE R S ITY

of

NORT H

CAROLI NA

Ill C H AP EL HILL

VIC I: (.IIA:>ITRI\T I ON

300 SOUTH BUILDING

T 9'9·962.J795

CAMPUS BOX 1000

F 919.962.0647 fa . unc.edu

CHAPE L HILL. NC 27599- 1000

August 12, 2016 Town of Chapel Hill Mr. Roger Stancil, Manager 405 Martin luther King. Jr. Blvd. Chapel Hill, NC 27514

Subject:

Request to Close Two Public Alleys: Porthole Alley and Old Fraternity Row

Dear Mr. Stancil: The University of North carolina at Chapel Hill (the ..University"), on behalf of the State of North carolina, respectfully requests that the Chapel Hill Town Council adopt a resolution declaring its intent to close the two alleys shown on Exhibit A and adjacent to the main campus of UNC-CH and commonly referred to as Porthole Alley (the east/west alley) and Old Fraternity Row (the north/south alley), in accordance with NCGS 160A-299. The above-referenced alleys were established in the early 1900's and have served historically as a gateway between Downtown Chapel Hill and the University. The alleys also provide rear service and delivery access for five properties fronting on East Franklin Street and their associated businesses. In 2014 the University created a master plan to improve pedestrian and bicycle safety in an area between Franklin Street and Cameron Avenue, including Porthole Alley and Old Fraternity Row. The overall project was divided up into phases. Phase one, the project of current concern, is the Porthole Alley and Old Fraternity Row area, and includes closing the existing north/south alley to vehicular access (still available for emergency access), a new vehicular east/west access from South Columbia Street to replace the north/south vehicular access, new pedestrian lighting throughout the area, new ADA accessible paths for the north/south access, renovation of the existing Alumni Sculpture Garden, and removal of the Hill Hall Annex - to be replaced with trees and plantings. These improvements create a safer and more attractive area for the community. The University will ensure that no property owners in the vicinity would be deprived of access to their properties. The University will negotiate a reasonable and appropriate division of property rights to Porthole Alley (the east/west alley) with the five landowners with property backing up to Porthole Alley prior to closure of the alleys. The University has met with each of these landowners to describe this process at a conceptual level and received their support. It is further the intent of the University to relieve the Town of Chapel Hill of its previous maintenance responsibilities associated with these alleys. In accordance with NCGS 160A-299, the Town may reserve easements within the alleys for public purposes such as access for pedestrians, emergency vehicles and Town utilities. The University believes that closure of these alleys furthers the public interest and that their closure, in conjunction with the improvement project,

DocuSign Envelope ID: BA2C5328-C146-4C1C-B8E3-1B9D2CAE5D28

55

will enhance the functionality, safety and aesthetics of this gateway area Important to both the Town and the University. Sincerely,

~

OocuS igned

by:

'Pt~/.e-w 'Pt. 2Ee407FB7A5045B..,

f?o4 k

Mattnew M. FaJac Vice Chancellor for Finance and Administration

cc:

Ms. Jill Coleman, Mr. Jeff Kidd, Mr. Gordon Merkleln, Mr. Mark Teague, Mr. Will Ms. Anna Wu Trlcoml, Mr. Tim Walton,

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138 E. Franklin St. Hill Commercial Building Owner: UNC Endowment

150 E. Franklin St. Owner: United Methodist Church

Old Fraternity Row

100/100-A/108 E. Franklin St. Owner: Riddle Commercial Properties, Inc.

Porthole Alley

Hill Hall

Ackland Museum

Exhibit A Porthole Alley Improvements Project Hanes Art Center

Note: blue lines indicate existing public alleys North

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Porthole Alley Master Plan 1 FRANKLIN STREET COMMERCIAL BUILDINGS

2 ACCESS DRIVE 3PORTHOLE 4 ACKLAND ART MUSEUM 5UNIVERSITY UNITED METHODIST PLAYGROUND

6 HANES ART CENTER 7 HILL HALL 8 KENAN MUSIC BUILDING 9 KENAN EXPANSION 10 SWAIN 11 SMITH 12 NEW WEST 13 PEABODY 14 PHILLIPS 15 MEMORIAL

FRANKLIN STREET

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Porthole Alley Phase 1