HomeMy WebLinkAboutAgenda - 10-02-1995 - VIII-E }
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 1995
Action Agenda
Item
SUBJECT: William Henry Johnson
Partial Width Right-of-Way
ACTION BY:
DEPARTMENT: Planning PUBLIC HEARING Yes X _No
ATTACHMENT(8) : INFORMATION CONTACT: Jane Garrett
Partial Width Right-of-Way Checklist Extension 2581
Subdivision Proposal
Tax Map TELEPHONE NUMBERS:
Letters from Adjacent Property Owners Hillsborough - 732-8181
9/18/95 Planning Board Minutes Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To consider a request by James Patrick for a reduction
in right-of-way width from 50 feet to 30 feet.
BACKGROUND: James Patrick wishes to create two lots out of 9.04
acres. The property is located north of Harmony Church
Road (SR 1339) . An existing private road (Bigelow
Road) provides access to the property. The road is
approximately 2700 feet in length with a small portion
(329.52 ft. ) consisting of 50 ft. in right-of-way. The
remaining length is 30 feet in width. The required
road classification is Class B.
Reduction of the right-of-way from the required 50 feet
to the existing 30 feet is needed due to the
unwillingness of the property owner, who owns the road
from Harmony Church Road to the property owned by
Lizzie Franklin (Tax Map 3 Lot 5) and the property
owner on the east side of the right-of-way to grant
additional right-of-way. Also, Tax 3 Map Lots 5A, 5B
and 5C can only provide the partial width due to lot
sizes.
In an effort to rectify the insufficient right-of-way
width along the Franklin property, an additional 20
feet of right-of-way was dedicated as part of a Partial
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2
f
width along the Franklin property, an additional 20
feet of right-of-way was dedicated as part of a Partial
Width Right-of-Way request which was approved on
November 2, 1992. Alternate access exists for the
property (Tax 3 Map Lots 2A, 2B and 3) which is north
of this property. However, attempts of this applicant
to obtain access from this alternate easement were
unsuccessful.
The criteria, listed under Section IV-B-3-c-2 of the
Orange County Subdivision Regulations, upon which a
Partial Width Right-of-Way is determined has been
satisfied (see attachment) .
The Planning Board considered the request on September
18, 1995 and recommended approval of a Partial Width
Right-of-Way of 30 feet for the private road on the
condition that an additional 20 feet of right-of-way be
dedicated within the Johnson property. The vote was
unanimous.
RBCOMKZNDATION: The Administration recommends approval of a Partial
Width Right-of-Way per the Planning Board
recommendation.
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WILLIAM HENRY JOHNSON
PARTIAL WIDTH RIGHT-OF-WAY
(Adopted from the Orange County Subdivision Regulations Section
IV-B-3-c-2)
(a) In the judgement of the Planning Board and with the approval
of the Board of County Commissioners, it is found that the
nature and location of the subdivision, including such
considerations as topography, the surrounding area, the
present and future road plans, and access by public safety
vehicles, are such that a partial width right-of-way is
justified; and,
The topography is fairly flat land.
The surrounding area is single family residences and
agriculture.
The present road is an existing gravel road of
approximately 2700 feet in length. 2125 feet of the
road is 12 feet in width extending from Harmony Church
Road (SR 1339) . The remaining length (575 ft.) is 8-10
feet in width.
The future road plan is to upgrade the 575 ft. section
of the road to 12 feet wide to satisfy Orange County's
Class B private road standards in providing access to
the proposed lots. This width is adequate for access
by public safety vehicles.
(b) The access serving the subdivision is classified as either a
Class B or Class C road according to the Orange County
Private Road Standards; and,
The existing private road is classified as a Class B road.
There are a total of seven lots which currently access
Bigelow Lane, eight with the proposed subdivision of Lot 6.
Tax Map Lots 2A, 2B and 3 could potentially access Bigelow
Lane, however, they have access from an alternate easement
granted by the adjoining property owner.
(c) The right-of-way width provided is adequate to allow for the
construction of a travelway, ditches, shoulders and turn-
around required for the class of road serving the
subdivision; and,
The required improvements for a Class B road is 12 foot
travelway plus approximately 4 foot shoulders and/or
ditches. A 30 foot right-of-way will accommodate the
requirements.
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(d) The right-of-way width provided would allow access by the
largest emergency services vehicles serving the district in
which the subdivision is located; and
A 30 foot right-of-way would allow access by the largest
emergency vehicles. The travelway will be wide enough for
two passenger vehicles to pass each other if necessary.
(e) If one or more of the following conditions are met:
(1) When the partial width right-of-way adjoins undeveloped
property and is not less than 25 feet in width, and
when said adjoining undeveloped property is subdivided
and the remainder of the full required right-of-way can
be dedicated.
(2) When access to the subdivision is across property owned
by other than the applicant and the property owner is
unwilling to grant, sell or otherwise convey the full
required right-of-way width to the applicant.
(3) When pre-existing conditions preclude the provision of
full right-of-way due to the pattern of adjacent
development, historical common access and/or site-
specific physical constraints.
Adjoining property owners are unwilling to grant
additional road right-of-way.
Pre-existing condition precludes the provision of full
right-of-way due to nonconforming lot sizes.
5
CONTROL 1
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I' WILLIAM HENRY JOHNSON I
2 SUBJECT
CHEEKS TWSP. ORANGE CO.
N O R T H C A R O L I N A
D.B. 375 P. 425
P.B. 6 P. 60 VICINITY
SURVEY IN JULY OF 10
MAP SITTER LA.
BY MICHAEL S.NIXON RLS Z 5 6 7
SCAM I INCII• 0?26T
HARMONY
(Pre-,xistin,pbI,,
CHURCH ROAD
I OWNERS: Christine B. Johnson ADDRESS: 2032 Willow Rd LEGEND
I William Henry Bigelow Greensboro, NC
Mary White 27406 New Iran Pin
Existing Iron Pin w,4'
MICHAEL S. NIXON AND ASSOCIATES PO.BOX 607 REIDSVILLE, N.C. PHONE 9101342-4947 ------------------------------------
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August 11 , 1995
TO WHOM IT MAY CONCERN:
Please be it known that a roadway easement through my
propery has been denied to James and Lenese Patrick.
Dorsettacres, Inc.
By: Elaine G. Dorsett, Secretary-Trea urer
PRO PF.IZTV OWNM EAtir OF 21gHr-OF-WA y
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REVISED
�I
1
11
f
Carrboro Board of Aldermen and County
Commissioners.
g. Stoney Creek Basin Planning Group
Willis reported on key items from the meeting
of September 14. They reviewed the rural
character plan alternatives and the questionnaire
results of the desirable features of various
alternatives. Ideas for a design studio in
October were also discussed.
Waddell suggested that Gene Bell present a report
on this work group at the next regular Planning
Board meeting.
AGENDA ITEM #8: SUBDIVISION APPLICATIONS
ant a. Partial Width Right-of-Way
( 1) William Henry Johnson
Presentation by Jane Garrett.
This item is to consider a request by James
Patrick for a reduction in right-of-way width
from 50 feet to 30 feet.
James Patrick wishes to create two lots out of
9.04 acres. The property is located north of
Harmony Church Road (SR 1339) . An existing
private road (Bigelow Road) provides access to
the property. The road is approximately 2700 feet
in length with a small portion (329.52 ft. )
consisting of 50 feet in right-of-way. The
remaining length is 30 feet in width. The
required road classification is Class B.
Reduction of the right-of-way from the required
50 feet to 30 feet is needed due to the
unwillingness of the property owner, who owns the
road from Harmony Church Road to the property
owned by Lizzie Franklin (Tax Map 3, Lot 5) and
the property owner on the east side of the right-
of-way to grant additional right-of-way. Also,
Tax Map 3, Lots 5A, 5B and 5C can only provide
the partial width due to lot sizes.
In an effort to rectify the insufficient right-
of-way width along the Franklin property, an
additional 20 feet of right-of-way was dedicated
as part of a Partial Width Right-of-Way request
which was approved on November 2, 1992. Alternate
access exists for thb property (Tax Map 3, Lots
12
1
2A 2B and 3) which is north of this property.
However, attempts of this applicant to obtain
access form this alternate easement were
unsuccessful.
The criteria, listed under Section IV-B-3-c-2 of
the Orange County Subdivision Regulations, upon
which a Partial Width Right-of-Way is determined
has been satisfied (an attachment to these
minutes on pages ) .
The Planning Staff recommends approval of a
Partial Width Right-of-Way of 30 feet for the
private road on the condition that an additional
20 feet of right-of-way be dedicated.
Barrows asked for clarification of Class B and
Class C roads. Garrett responded that a Class B
is a 12 foot travelway and an Class C is an 8
foot travelway.
Mr. Patrick, applicant, thanked the Planning
Staff and the Planning Board for their assistance
toward solving this problem.
Reid asked why Planning Staff was requiring the
applicant to provide an additional 20 feet of
right-of-way. Garrett responded that, if at some
time in the future the additional right-of-way
could be obtained from all the lots, then the
entire length of the road would be a 50-foot
right-of-way.
Barrows asked what would happen if the request
for a partial width right-of-way is denied.
Garrett responded that the applicant would not be
able to subdivide the property. Barrows asked
about further subdivision of these lots. Garrett
responded that this proposal would place the
Class B classification to the limit of 9 lots.
Any further subdivision would require either a
public road or a Class A private road. A partial
width right-of-way can be granted for Class B and
C roads only.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Hoecke.
VOTE: Unanimous.
AGENDA ITEM #9: MATTERS BEARD AT PUBLIC BEARING (8/28/95)
a. Amendments - Economic Development Districts
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