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Lucas council approves license allowing private driveway across 60-foot right-of-way with screening, irrigation requirements
Summary
After hours of public comment raising safety, privacy and property-value concerns, Lucas City Council approved a license permitting owner William Wade Shipley to use the northern 30 feet of a 60-foot right-of-way adjacent to 2515 Orr Road for a private driveway, with conditions requiring irrigated evergreen screening, maintenance and replacement obligations.
After a lengthy public hearing, the Lucas City Council voted to authorize a licensing agreement allowing William Wade Shipley to use a portion of a 60-foot right-of-way adjacent to 2515 Orr Road to construct a private driveway.
Development services director Joe Hilburn told the council the right-of-way was dedicated when the Stonegate and Lucas Creek Estates subdivisions were platted for a planned Forest Grove Road extension that no longer appears in the city's 2022 thoroughfare plan. Hilburn said the use requested is a license — not an abandonment of city property — and the city would retain ownership and the option to terminate the agreement (presentation, SEG 523–536; SEG 634–636).
Dozens of nearby residents spoke against the proposal during the hearing. Jill McClain (330 Doris Drive) said the fence along the right-of-way was installed by a prior owner and asked how the fence and existing trees would be treated; she raised safety and maintenance concerns (SEG 758–766). Lance King (2385 Lucas Creek Drive) argued the driveway would negatively affect property values and safety and said the land should remain available for the future Forest Grove Road alignment (SEG 794–843). Other residents asked for clarity about who would mow and maintain the retained city-owned strip, drainage and flood impacts, and potential impacts on backyard privacy (examples: SEG 887–953, SEG 961–1011, SEG 1014–1069, SEG 1081–1116).
Chris Blackman, the realtor representing the property owner, said Shipley had not recently bought the parcel to “make a dollar,” that the lot had been left over in prior platting and that the owner should be able to obtain reasonable access to his property (SEG 1123–1171).
Council discussion focused on balancing resident privacy with the property owner's access rights. Councilmembers agreed to limit the license to the northern 30 feet of the 60-foot dedication (i.e., the north half of the ROW), require an irrigated evergreen screen, require plantings spaced closely enough to provide a meaningful screen, and require maintenance and replacement for the life of the license. The motion (moved by Councilmember Debbie Fisher and seconded by the presiding officer) specified evergreen shrubs (2-gallon) spaced approximately every 5 feet, irrigation, and maintenance/replacement obligations (SEG 1518–1521; SEG 1590–1596; SEG 1622–1675).
The council also clarified that any temporary gravel driveway and the permanent private improvements must meet city design standards (14-foot width for the private access, all-weather surface such as concrete, asphalt or chip seal, drainage and other ordinance requirements) and that abandoning portions of the right-of-way would be a separate process to consider later if warranted (SEG 1316–1324; SEG 1344–1351; SEG 1451–1454).
The motion carried (voice vote). The license authorizes private use of the specified portion of city-owned right-of-way under the conditions stated; the record shows council directed staff to draft the final licensing agreement consistent with those terms. The council did not abandon the ROW as part of this action; any future abandonment would be considered separately.
