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Lucas council approves license allowing private driveway through 60-foot right of way with screening conditions
Summary
Council authorized a license allowing William Wade Shipley to use the northern 30 feet of a 60-foot city right of way east of 2515 Orr Road for a private driveway, requiring irrigated evergreen screening (2-gallon shrubs every 5 feet) to be maintained and replaced under the agreement; residents opposed the plan citing safety, privacy and property-value concerns.
The Lucas City Council on Nov. 6 approved a license allowing property owner William Wade Shipley to use the northern half (30 feet) of a 60-foot city right of way east of 2515 Orr Road to construct a private driveway, with conditions requiring irrigated evergreen screening and maintenance.
Development Services Director Joe Hilburn said the right of way was originally dedicated for a future extension of Forest Grove Road but that the city’s 2022 thoroughfare plan no longer shows that connection. The council was presented with a licensing request and a depiction of the right of way; Hilburn said the license would permit access and utilities without relinquishing city ownership.
Residents who live along Doris Drive said the change would expose backyards, reduce privacy and could bring safety and maintenance problems. "This request of a private drive is just for profit and negatively affects existing residents," said Lance King, a long-time resident. Jim Smith, whose property abuts about 420 feet of the right of way, said the proposal threatens the quiet and security of his backyard. Realtor Christopher Blackman, the applicant’s agent, told council the parcel was a leftover from original plats and that the owner had longstanding association with the development.
Council and staff negotiated technical and design conditions: the license grants use of the northern 30 feet of the 60-foot right of way, requires an irrigated evergreen screen consisting of 2-gallon shrubs spaced approximately every five feet with a provision to replace dead plantings, and requires driveway construction to meet city standards (14-foot all-weather surface; concrete, asphalt or chip seal) and drainage requirements. City Attorney Joe Buerfina clarified that municipal property cannot be adversely possessed.
Council member Debbie Fisher moved to authorize the city manager to enter into the license agreement with the stated screening, irrigation, maintenance and construction requirements; the motion was seconded and carried unanimously.
The license does not abandon the remainder of the right of way; staff said the council may later consider abandonment or other easement changes if warranted. Next steps are for the city manager to finalize the licensing agreement reflecting the conditions council approved.
