HomeMy WebLinkAboutAgenda - 01-24-2012 - 5qORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 24, 2012
Action Agenda
Item No.
SUBJECT: Roadway Status of Woodkirk Lane and Petition for Addition to State Maintained
System
DEPARTMENT• Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Map of Woodkirk Lane Craig Benedict, Director 245-2585
2. Petition Information Michael D. Harvey, Planner III 245-2597
Tom Altieri, Planner III 245-2579
Darcy Zorio, Planner II 245-2582
PURPOSE: To review Woodkirk Lane in the context of OUTBoard policy and comment upon a
request to allow for a private road to be added to the State Maintained Secondary Road
System.
BACKGROUND: On January 6, 2012, Planning Director Craig Benedict requested that
Current Planning staff formally review a road in the context of a policy concerning the review
and processing of requests by local residents seeking to dedicate roadways for State
maintenance that had originally been proposed and approved as a private road.
On October 23, 2007 the BOCC adopted a policy requiring for an `ad-hoc' review of such
petitions to ensure that the proposed roadway complied with various existing regulations and
policies associated with the approval of a public road by the County. Staff will incorporate this
policy into the Unified Development Ordinance (UDO) in the near future with a formal ordinance
amendment package.
In developing said process, Planning Director Craig Benedict indicated staff review of a request
should occur as follows:
The BOCC make a finding that the request was compliant with the provisions of
Section 7.8.1 Access and Roadways of the UDO, namely:
a. Consistency with Comprehensive Plan:
i. The provision of street rights-of-way shall conform to and meet the
requirements of the Orange County Comprehensive Plan.
ii. Reservation for or dedication of street rights-of-way for future
transportation facilities proposed in the adopted Comprehensive Plan
shall be required where appropriate.
iii. A subdivider shall not be required to provide or dedicate right-of-way for
a proposed street to which access would be prohibited by any
governmental agency.
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b. Compliance with Access Management Plans:
Subdivision of land abutting a roadway for which the Board of County
Commissioners has approved recommendations from a plan or corridor
study is subject to provisions of the approved corridor plan or study.
1. In such cases, the subdivider shall provide any improvements or
other means to ensure construction recommended in such plan or
corridor study. Such improvements may include facilities for
bicycles, sidewalks, and public transportation.
2. The subdivider, in cases where the recommendations address
access management, shall use design elements recommended in
the plan or corridor study to reduce conflict points.
ii. Policies prescribed in Phase V of the Access Management Awareness
Project and Report, or other adopted studies of strategies, shall be
considered during subdivision and site plan review to assess access
management and other corridor design considerations.
c. Coordinated Street System:
i. All subdivisions shall have a coordinated street system with public or
private streets that access a public municipal street or a public State
maintained street in accordance with the following:
1. Public street rights-of-way shall abut adjacent properties as
necessary to provide connectivity to the countywide transportation
network; and
2. Lot access to streets serving the subdivision shall be limited in the
case of streets that provide a link between two or more roads
designated in the Comprehensive Plan as arterials or collectors.
3. All subdivisions shall have at least one street that intersects with
or joins a public municipal street, or a public State maintained
street.
2. The Board of Commissioners make a finding that the request was compliant with the
provisions of Section 7.8.2 Public Streets -Where Required of the UDO, namely:
a. The subdivision streets would be accepted by the State for maintenance if:
i. They are built in a manner which satisfies the minimum State design and
construction criteria for subdivision streets; and
ii. They would satisfy other requirements for addition to the State
maintenance system, including, but not limited to, the general density
standard of at least two occupied residences for each one-tenth of a mile
of subdivision street; or
b. The subdivision streets extend existing streets which are public; or
c. The subdivision streets are part of a development which is located in an area
designated as Urban or Transition by the Orange County Comprehensive Plan;
or
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d. A proposed street is designated as an arterial or collector on an approved
Thoroughfare Plan for a municipality or in the Orange County Comprehensive
Plan; or
e. The subdivision streets are part of anon-residential development consisting of
office, retail, industrial, and similar businesses, each located on a separate lot.
This provision shall only apply to that portion of a subdivision being developed
for non-residential purposes.
3. That the proposed addition of the roadway to the State Maintained Secondary Road
System will not create a situation where additional subdivision activity would be
allowed without County review and approval.
In this specific instance, staff is providing an assessment and recommendation on the proposed
addition of Woodkirk Lane to the State Maintained Secondary Road System.
Woodkirk Lane is a private road approved as part of a minor subdivision application on
February 10, 2006. The final plat(s) for the project were recorded on February 2, 2007. During
the intervening period, local residents undertook an effort to improve the roadway with the
apparent intent of requesting that maintenance responsibilities be assumed by the State.
Based on the information available to staff, NCDOT has determined that the re-developed
roadway now complies with State road standards.
Staff Analysis: In reviewing this request, consistent with the aforementioned policy, staff offers
the following:
a. In accordance with Section 7.8.1 (A) of the UDO, staff finds the re-development of
this roadway by local residents into a public road is consistent with the provisions of
the Comprehensive Plan, specifically:
i. Land Use Overarching Goal: Coordination of the amount, location,
pattern, and designation of future land uses, with availability of County
services and facilities sufficient to meet the needs of Orange County's
population and economy consistent with other Comprehensive Plan
element goals and objectives;
ii. Land Use Goal 1: Fiscally and environmentally responsible,
sustainable growth, consistent with the provision of adequate services
and facilities and a high quality of life;
iii. Land Use Goal 2: Land uses that are appropriate to on-site
environmental conditions and features, and that protect the natural
resources, cultural resources, and community character;
iv. Transportation Goal 3: Integrated land use planning and transportation
planning that serves existing development, supports future
development, and is consistent with the County's land use plans which
include provisions for preserving the natural environment and
community character.
b. The existing roadway abuts NC Highway 86, south of Alexander Drive (SR 1834). In
accordance with Section 7.8.1 (B) of the UDO, staff has determined there are no
access management plans for this area and the assumption of Woodkirk Lane by the
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State for maintenance purposes should not have an impact on future studies or
transportation planning efforts.
c. As required by Section 7.8.1 (C) of the UDO, staff has determined the proposal
complies with County regulations requiring a coordinated street system while
protecting exiting natural features.
In staff's opinion, the road should not be extended any further east as it would
negatively impact identified stream buffers and floodplain.
d. As required by Section 7.8.2 of the UDO, staff has determined Woodkirk Lane has
been re-developed in ~ accordance with established NCDOT minimum roadway
standards and can be accepted for maintenance purposes.
e. The 9 lots along Woodkirk Lane cannot be further subdivided without going through
the major subdivision process as detailed within the UDO. The various properties are
still bound by the Declaration of Development Restrictions and Requirements
recorded within Deed Book 4212 Page 230 of the Registrar of Deeds.
FINANCIAL IMPACT: There is no direct financial impact to the County associated with this
item. NCDOT will incur additional maintenance responsibilities and costs.
RECOMMENDATION(S): The Planning Director recommends, and the Manager concurs, that
the Board:
a. Make an affirmative finding that the re-development of Woodkirk Lane into a public road
is consistent with the provisions of Section 7.8.1 and 7.8.2 of the UDO as recommended
by staff; and
b. Recommend sending the application to NCDOT for addition to the State Maintained
Secondary Road System.
ffi Attachment 1
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I Woodkirk Subdivision
N 14t W,`� �x �. I (9 lots)
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�; Data shown on this map is obtained from Orange County
GIS and is for reference only.
•*,,. .r• Exact locations and boundaries should be verified.
Map prepared by Orange County Planning&Inspectons.
USGS Water Feature O Parcels C3 Zoning 100 YR Floodplain(Effective 02/02/07) N
Soils Survey Water Feature ED Township ® City Limits 4911 Floodway(Effective 02/02/07)
OC Updated Water Feature C;P School System Boundary 0 ETJ P� 500 YR Floodplain(Effective 02/02/07)
Water Body Contours Conservation Easements O Buildings
O River Basins =*' County Held by Others ®Water and Sewer Boundary f inch=400 feet
®Watershed :::Soils Orange County o 160 320 640
Conservation Easements Feet
Attachment 2
~TaTion
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STATE OF NORTH CAROLINA
DEPARTIVIENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
November 16, 20I 1
ORANGE COUNTY
Mr. Frank Clifton
County Manager
Orange County
P.O. Box 8181
Hillsborough, North Carolina 27278
SUBJECT: Request for Road Addition
Woodkirk Lane
Woodkirk Subdivision
Dear Mr. Clifton:
EUGENE A. CONTI, JR.
SECRETARY
Please find attached is Form SR-4 Secondary Road Addition Investigation Report, Form SR 1
Petition for Road Addition, recorded plat, and a location map for the above subject.
This is being forwarded to you for consideration by your Board of Commissioners.
Sincerely,
~ ~~~
C.N. Edwards, Jr., P.E.
District Engineer
Attachments
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P (l Rnx 7FF C:raham NC: ~.7~5~-fi7Ffi
8
North Carolina Department of Transportation
Division of Highways
Secondary Road Addition Investigation Report
County: ORANGE Co. Fite No: 0-10-17 Date: 11-08-2011
Township: CHAPEL H1LL Div. File No: div. No: 7
Local WOODKIRK LANE
Name:
0.20 MI
Length:
Surface 2INCHES
Thickness
Width:
Subdivision Name;
26 FEET Surface SF9.SA
Type:
WOODKIRK SUBDIVISION
GOOD
PVMT Condition:
Base Type
*Retaining
"Bridges Yes No X * Pipe > 48" Yes No X walls within yes No X
- - - - Right of Way - - -
* If Yes -Include Bridge Maintenance Investigation Report
Is this a subdivision street subject to the construction requirements for such streets? YES
Recording Date: 10-17-2011 Book: PL109 Page: 51
Number of homes having entrances into road: 5
Other uses having entrances into road: NONE
If right of-way is below the desired width, give reasons
Right-of-Way Width: 50 FEET under "Remarks and Recommendations."
Is petition (SR-1) attached? YES
Is the County Commissioners Approval (SR-2) attached? YES If not, why not?
Is a map attached indicating information for reference in locating road by the
Planning Department? YES
Cost to place in acceptable maintenance condition: Total Cost: $ 0.00
Grade, drain, stabilize: $ 0.00 Drainage: $ 0.00 Other: $ 0.00
Remarks and Recommendations: Road meets minimum requirements. Recommend addition
Submitted by: ~,~CQ C.N. Edwards Reviewed and Approved: J.M. Mills
DI TRICT ENGINEER DIVISION ENGINEER
Reviewed and Approved
BOARD OF TRANSPORTATION MEMBER:
Do not write in this space- For Use by Secondary
Roads Unit
Petition #
ABC Base 8 INCHES
Thickness
Form SR-4 (11105/07)
a
f
North Carolina Department of Transportation '
Drvtsion of Highways
Petition for Road Addition AUG 2 7 ;2010
iu. v. r~Wt~ ~= ~~s~'~
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ROADWAY INFORMATbN: (Please Print/rype)
Coun Ol ~! ~ Road Name: ~ V 00~1~ ~ rk 1~n~
~ ire ~ ~, s~ names ana ~«,~ on ~e hack oP this ~-.~
~OO(A ~I Y~~ Length (mass): ~~ ai ~ f~~ j~~J
Subdivision Name:
Located (miss): ~ r ~t~ t/S
Number of occupied homes having street frontage: ~!
miles N~[S ^ E ^ W ^ of the intersection of Route " ~~ and Route NC' 'p~Q _
(Check one) R, NC, US) t ~/' (S P1 . US7
owners and/or developers of Y Y t~~l]~ in
We, the undersigned, being property
~ra~~{~ County, do hereby request the Division of Highways to add the above described road.
V ..
CONTACT PERSON: Irame arrd Address of First Pet#arer. (P~ase prinvType)
Nairie: ~ U~ ~G -J ~h .~j0
Street Address: _,~ YV~~ 1Y!'` ~9~~~
Mailing Address: 59nt~/ ~ ~ ~f'~ ~e
6 ~~~ ~r'~o~ l a ~ ~o~JG'rk ~ P~~n~~~s'
Name
Mailing Address
Phone Number. ~~ ~! ~ ~~ ~
~-~1 ~~i1 ~ Nc ~~~~~
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~~,n~~ a~~~~- ph~~ q~q-9~a-~9t$
Telephone
Form SR-1 (312006; Rev 1/20 ` )
10
INSTRUCTIONS POR COMPLETING PETITION:
1. Complete Information Section
2. Identify Contact Person (This person serves as spokesperson for petitioner(s)}. "
3. Attach four (4) copies of recorded subdivision plat or property deeds, which refer to candidate road.
4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior
NCDOT revlew and approval anty require the developer's signature.
5. If submitted by the developer, encroachment agreements from all ufilities located within the right of
way shall be submitted with the petition for Road addition. However, construction plans may not be
required at this Mme.
6. Submit to District En loser's Office.
FOR NCQO'r USE ONLY: Please check the appropriate block
^ Rural Road ^ Subdivision platted prior to October 1, 1975 Subdivision platted after October 1, 1975
REQUIREMENTS FOR ADDITION
If this road meets the requirements necessary for addition, we agree to grant the Department
pf Transportation aright-af-way of the necessary width to construct the road to the minimum
construction standards of the NCDOT. The right of-way will extend the en#ire length of the
road that is requested to be added to the state maintained system and will include the
necessary areas outside of the right-or-way for cut and fill slopes and drainage. Also, we
agree to dedicate additional right-of-way at intersections for sight distance and design
purposes and execute said right-of-way agreement forms that will be submitted to us by
representatives of the NCDOT. The right-of-way shall be Geared at no expense to the
NCDOT, which includes the removal of utilities, fences, other obstnactions, etc.
General Statute 136-102.6 (see page 29 for Statute) states that any subdivision recorded on or
after October 1, 1975, must be built in accordance with NCDOT standards in order to be
eligible for addition to the State Road System.
ROAD NAME
HOM S LENGTH ~ ROAD NAME HOMES LENGTH
Form SR-1 (1/2001)