MEMORANDUM
TO: City Council
FROM: David J. Deutsch, City Manager
RE: Stewart’s Landing Subdivision United Lane Right-of-Way Vacation
DATE: 11/13/03
I. Background/Proposal
The City has received a request from the Stewart’s Landing Homeowner’s Association to hold a public hearing on the possibility of abandoning the western end of United Lane in the Stewart’s Landing subdivision where the proposed right-of-way will intersect with re-aligned Church Road in the future (see Attachments 1 & 2).
The Stewart’s Landing subdivision consists of 78 lots and currently has a single point of access, via Urbana Lane, to Church Road, on the east side of the subdivision. The Planning Board approved this single point of access with a future second point of access to open on the west side of the subdivision, via United Lane, upon the future construction of re-aligned Church Road. The Stewart’s Landing Homeowner’s Association is requesting that the City vacate the United Lane right-of-way where it intersects with the east side of the future re-aligned Church Road in order to protect the public safety of the residents of the aforementioned subdivision (see Attachments 3 & 4).
The process
for vacating a right-of-way is:
(1) The HOA asks the City to close the road, which is a platted public right-of-way.
(2) The City Council evaluates the request at a public hearing.
(3) The City sends a standard application petition for abandonment and vacation
of the right-of-way to the County to delete the right-of-way as a platted
road.
(4) The County Executive may declare that the street is free from public dedication
upon recommendation of the Director of the Department of Public Works and
Transportation as per Section 7-132 Lands dedicated to public use; abandonment…
of the County Code.
(5) The Planning Board may approve vacation of the plat subject to Section
24-112 of the Code, which states that there must be agreement among all agencies
and utilities affected by or having access to the public right-of-way before
it can be vacated. Any disagreement among them means that the Planning Board
cannot approve the vacation.
(6) The ownership of the road would then revert back to the adjacent property
owners- in this case, the Stewart’s Landing HOA—who would then
be able to bar access to the public, other agencies and utilities, unless
conditions in the approval of vacation stated that certain agencies, etc.
had certain rights of access. (This is important, because without the HOA
consent, the City and County may never achieve public access, via a bike/pedestrian
trail, across the property from United Lane to the future re-aligned Church
Road. Currently, the City has the right to build a trail.)
(7) A certified copy of the approval must then be recorded with the Clerk
of the Circuit Court.
(8) The United Lane dead end may have to be modified in order to prevent it
from fully connecting to re-aligned Church Road in the future.
II. Analysis
United Lane was fully constructed by the Stewart’s Landing developer up to its future intersection with re-aligned Church Road. Service delivery and other vehicles are able to safely back out of the current United Lane dead end onto Union Bridge Court, a cul-de-sac that is less than 300 feet east of where United Lane dead ends with re-aligned Church Road (see Attachment 2). All streetlights, curbs, gutters and sidewalks have been fully installed to the limits of the United Lane right-of-way. Currently the road dead ends at the subdivision’s western property line where there is a modified T-junction and a metal road barrier. Vacating the right-of-way may require additional alterations or a redesign of the end of the road when realigned Church Road is built.
The County Department of Public Works & Transportation (DPW&T) has noted that the single access point to the subdivision via Urbana Lane has been adequately serving the development and that they have no objection to the proposal to abandon and vacate the United Lane right-of-way (see Attachment 5). The Bowie Volunteer Fire Department and Rescue Squad, Inc. (BVFD) noted that leaving the road open will allow access to the subdivision from either the west side or east side (see Attachment 6). If the connection from the new Church Road alignment to the west end of United Lane is built as proposed, response times to the subdivision “will be enhanced (shortened)”.
The 2002 Bowie Development Review Guidelines state:
“Residential areas should be connected via a continuous network of open space, hiker/biker trails and roads intended and designed to link those areas together, as well as link them with recreational and commercial uses.” (p. 8, #24)
“Streetscape design should be unified and complimentary to adjacent properties.” (p. 12, #15)
“The interconnection of the City’s street system for access to developing properties should be encouraged as a means of reducing the number of local vehicle trips on the overall road network, improving circulation, and increasing emergency access potential.” (p. 15, #13)
The 1991 Bowie and Vicinity Master Plan Circulation and Transportation Section includes the following objective:
“To reduce vehicle miles traveled, fuel consumption, traffic overload, excessive noise and other environmental impacts resulting from an inefficient circulation and transportation system.” (p. 35)
In addition, the 2002 City of Bowie Trails Master Plan states:
“In order to save public funds and make the best use of available land, trails should utilize existing rights of way wherever possible, including those of existing roads…” (p. 27)
“Encourage residential areas to be linked via vehicular and/or pedestrian connections.” (p. 26)
“…Church Road is intended to have a trail along its entire length…” (p. 28)
Closure of the western portion of United Lane would eliminate the opportunity to connect the United Lane on-road bicycle trail with the future proposed trail on re-aligned Church Road. Closure would also prohibit a more direct vehicular link from the Stewart’s Landing subdivision to the proposed Highbridge Park commercial uses along re-aligned Annapolis Road just north of the project. Additionally, it would affect emergency and non-emergency service delivery times to the subdivision. Current plans show United Lane intersecting with Church Road and Bushwood Lane in the Woodmore North subdivision creating a logical vehicular, bicycle, pedestrian connection between the two developments (see Attachment 2). The street design between the two developments interconnects the local street system in conformance with the three planning policy documents noted above.
Based on the above factors, staff does not support the request. Vacation of the road would impede local vehicular and bicycle traffic circulation to and from the west side of the Stewart’s Landing subdivision both for the residents of the neighborhood and the newly planned Woodmore North neighborhood to the west. Staff recognizes the need to link new residential areas in Bowie with existing and future residential areas to increase the sense of community and connectivity between residents. These links should be multi-modal: they should serve pedestrians, bicyclists, and vehicles, such that residents have a maximum number of options available to access the larger community. Additionally, closure of roads reduces service delivery vehicle access. These include public and private school buses, and emergency, postal, and refuse vehicles. It is critical that the City maintain a continuous network of local roads such that local traffic circulation does not become dependent on major collector roads that are meant for through traffic circulation. By maintaining an open network of local and through roads, the City can reduce the number and length of vehicle trips, thereby reducing the amount of public and private funds expended, energy wasted, and pollution generated in the Bowie community.
III. Recommendation
Based on the above findings, staff does not support the request to vacate the right-of-way at the western end of United Lane.
DJD:EAC