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proposed access point onto 101 Street Contrary to staffs recommendation, the Planning and Zoning Commission approved a preliminary plat modification deleting the originally proposed connection to 10th Street Subsequently, the County Attorney's Office determined that, because the Laurels Subdivision would not connect to 10th Street, the developer would no longer benefit from 10th Street and could no longer be required to dedicate 10th Street right-of-way without compensation or to provide for any paving of 10th Street Therefore, the Laurels Subdivision Phases III and IV final plat was approved without any 10" Street right-of-way dedication and without any 10th Street paving requirements. During construction of The Laurels, a small berm was built along the north property line of The Laurels, where it abuts the 10th Street right-of-way. The berm appears to encroach slightly into the 10th Street right-of-way and slightly narrows the historical travelway, although the travelway still accommodates two-way traffic. The berm location and 10th Street travelway have been reviewed and approved by the Public Works Department In summary, with the approval and construction of The Laurels, the subject segment of 10* Street will remain a 35' wide, unpaved half street right-of- way if not abandoned. In any right-of-way abandonment analysis, it is important to consider the characteristics of the road to be abandoned. In this case, segments of 10th Street right-of-way between 37th Avenue and 41st Avenue have a low volume of local traffic. In addition, there are alternative roadway segments located conveniently nearby to accommodate diverted trips. Please see attachment #2 which depicts the segments for abandonment If the subject segments of 10th Street are abandoned, local area motorists needing to go east or west could use the adjacent 11th or 12th Streets. Eastbound traffic on 10th Street would be diverted north on 41st Avenue, while westbound traffic on 10th Street could go north or south on 371 Avenue. Thirty-eighth, 39th and 40th Avenues will essentially become cul-de-sacs between 10th and 11th Streets. All traffic leaving these streets would go north to 11th Street or 12th Street Residents with driveways on 1011 Street will still be able to use those driveways, since the portion of 10th Street to be abandoned is adjacent to their lots and after abandonment will become part of their lots. Effect of Abandonment The abandonment would eliminate the need for continued road grading of the abandoned segments and any future paving expenses associated with paving these segments of 10th Street Also, the abandonment would eliminate a permanent half -street that cannot be made whole. If the request is approved, adjacent property owners could grass the abandoned segments of right-of-way adjacent to their homes or use the existing travelway for private driveway purposes. The adjacent property owners would also benefit from an expanded building envelope, although they would not be allowed to build within the abandoned right-of-way area because an easement would be retained over the abandoned segments (as described below). These property owners could also locate fences within this abandoned right-of-way subject to approval of a covenant for removal of the structure. Proposed Drainage and Utility Easements and Improvements Per guidelines established by the Board of County Commissioners, this petition has been reviewed by all county divisions and utility providers having potential interest in the right-of-way. While all departments and utility providers have recommended approval, several have conditioned the approval upon the county retaining a drainage and utility easement over all abandoned segments. Also, it should be noted that, as proposed, Emergency Services will continue to have access to an emergency access point at the north end of The Laurels near 39th Avenue. The drainage and utility easement conditions are accommodated by the request November 10, 1998 25 BOOKJ07P 1