Title
Public Hearing for Closing the Right-of-Way for Mallaranny Road
Action
ACTION:
(A) Open public hearing to hear comments with respect to the closing of the right-of-way for Mallaranny Road
(B) Close public hearing
(C) Approve the Order of Closing for the public right-of-way for Mallaranny Road
Staff Contact: Dave Canaan, LUESA - Storm Water Services
Presentation: No
BACKGROUND/JUSTIFICATION:
On June 2, 2020, the Board of County Commissioners set this public hearing to hear comments with respect to the closing of the public right-of-way for Mallaranny Road. The property owner has petitioned to close all of the right-of-way for Mallaranny Road (1.001 acres). Petitioner is proposing to revise the plat and provide access to the properties from Buckland Road either directly or with the recorded access easement. The current access by the Mallaranny Road right-of-way will be abandoned once the driveways are constructed from the individual parcels to Buckland Road. Therefore, each parcel will have ingress and egress. The petitioner owns all of the parcels that would be impacted if the right-of-way for Mallaranny Road is closed. NCDOT informed the petitioner on February 4, 2020 that the right-of-way petitioned to be closed was not State maintained.
Mecklenburg County Land Use and Environmental Services Agency has determined that in its opinion the closing of the right-of-way of Mallaranny Road would not deprive any individual owning land in the vicinity of said right-of-way of reasonable ingress and egress to their property and would not be contrary to the public interest. Charlotte-Mecklenburg Planning and the Mecklenburg County Fire Marshal’s Office reviewed the petition and have no objection to the closing of the portion of said right-of-way. Charlotte-Mecklenburg Planning required the property owner to record a platted permanent alternative for access to be consistent with the Charlotte-Mecklenburg Subdivision ordinance before an order closing the portion of the right-of-way petitioned for abandonment and closing will be recorded. Charlotte-Mecklenburg Planning also verified that the residents in the area that are utilizing these roads have safe ingress and egress to State maintained roads. Once closed, the 1.001-acre former right-of-way will become vested in the adjacent parcels owned by the petitioner.
General Statute 153A-241 requires the Board of County Commissioners to call a public hearing and to adopt a resolution declaring its intent to close a public right-of-way in the unincorporated part of the County. The attached Exhibit A map shows the current right-of-way for Mallaranny Road and the portion petitioned to be closed.
PROCUREMENT BACKGROUND:
N/A
POLICY IMPACT:
N/A
FISCAL IMPACT:
N/A