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Commission recommends closing 12-foot alley adjacent to 530 North Main Street, reserving utility and drainage easements
Summary
The Planning Commission voted to recommend vacation of a 12-foot public alley adjacent to 530 North Main Street and to reserve public utility and storm drainage easements for existing facilities; staff and public-works reviews found no objections.
The Harrisonburg Planning Commission on Sept. 10 voted to forward a favorable recommendation to city council to close a 12-foot alley adjacent to 530 North Main Street, subject to reserving public general utility and storm-drainage easements for existing facilities.
City planning staff told the commission records show the alley has been on record since 1859, and that a segment was vacated during prior urban renewal. The applicant owns parcels on either side of the alley and said vacating the alley would simplify future redevelopment and eliminate questions about maintenance responsibility. Staff said the alley contains public power lines and a culvert; the closing would reserve easements for those facilities, and a final survey would determine exact locations prior to a second reading by city council.
Commissioners and staff discussed the legal status of older alleys, including whether the city owns the land under some historic easements or holds only an easement right. Staff explained that in some cases the city’s interest is an easement rather than fee ownership and that, if city council chooses to vacate the alley, the council can release any interest the city holds.
During the discussion, a caller attempted to provide public comment but the audio was unintelligible; staff made the public-call phone number available briefly to allow additional callers but no coherent public testimony was received on the record. Planning commissioners said Public Works, Fire, Engineering, Building Inspections and Public Utilities had reviewed the request as part of the department review process and reported no objections to closing the alley while reserving easements.
Commissioner Seitz moved to approve the alley-closing request; Commissioner Porter seconded. The roll-call vote recorded Commissioners Alcindi, Sites, Vice Chair Porter, Council Member Dent, Commissioner Kettler and Chair Paul voting aye. The commission’s favorable recommendation will go to city council for consideration on Oct. 14. The staff report and the motion make clear that closing the alley will preserve public access needed to maintain utilities through reserved easements and that a final survey and deed language will define the easements and any residual interests.
