HomeMy WebLinkAboutAgenda - 02-03-2015 - 6g1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 3, 2015
Action Agenda
Item No. 6 -g
SUBJECT: Request for Road Addition to the State Maintained Secondary Road System
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
INFORMATION CONTACT:
1. Vicinity Maps
Craig Benedict, 245 -2585
2. Subdivision Plat
Michael Harvey, 245 -2597
3. NCDOT Correspondence and Documentation
Tom Altieri, 245 -2575
4. Excerpt of October 23, 2007 BOCC Minutes
Abigaile Pittman, 245 -2567
PURPOSE: To review Whirlaway Lane in the context of BOCC policy and make a
recommendation to the North Carolina Department of Transportation ( NCDOT) and the North
Carolina Board of Transportation ( NCBOT) on a petition to add it to the State Maintained
Secondary Road System.
BACKGROUND: On October 23, 2007 the BOCC adopted a policy requiring an `ad -hoc'
review of petitions by staff on requests to include roadways, previously approved as private
roads through the minor and /or exempt subdivision process, into the State maintenance
system. The staff review is to ensure compliance with various existing regulations and policies
associated with the approval of a public road.
An excerpt of the minutes from the October 23, 2007 meeting where this policy was discussed
and adopted is contained in Attachment 4. During the meeting the County Attorney at the time,
Mr. Geoffrey Gledhill, was of the opinion that a formal ordinance amendment was not
necessary to incorporate this `ad -hoc' review. Therefore the policy has not been incorporated
into existing development regulations. The abstract for this item can be viewed at:
http: / /oranecountync.ov /OCCL S /071023d.pdf.
This policy, as approved, adheres to the following cadence:
1. The BOCC makes a finding that the request is compliant with the provisions of Section
7.8.1 Access and Roadways of the Unified Development Ordinance (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.
b. Compliance with Access Management Plans-
i. 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 BOCC makes a finding that the request is 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
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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
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 a non - 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 Whirlaway Lane to the State Maintained Secondary Road System.
Whirlaway Lane is a private road approved by staff on both exempt subdivision plats and via
minor subdivision application(s) reviewed /acted upon from 2004 through 2006. The lots
created through these processes became known as Triple Crown. Please refer to Attachment 1
for a vicinity map of the development.
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.
This included the dedication of property to create the required 50 foot public road right -of -way,
accomplished with the recordation of an exempt subdivision plat within Plat Book 111 Page 146
of the Orange County Register of Deeds office. A copy of this exempt subdivision plat can be
found in Attachment 2.
Based on the information staff has available, NCDOT has determined that the re- developed
roadway now complies with State road standards. Copies of relevant NCDOT documents can
be found in Attachment 3.
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
Whirlaway Lane 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;
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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.
STAFF COMMENT: Given existing development in the area,
both on lots within and external to the Triple Crown subdivision, it
is doubtful the County would have required a stub -out on
Whirlaway Lane to an adjacent property.
Please note that, while not part of this review, staff did require
Triple Crown Drive to provide access to an adjacent 100 acre
parcel to the south. The County approved a Major Subdivision,
specifically Triple Crown Farms, in 2014 utilizing this roadway as
the primary means of ingress /egress.
b. The existing roadway abuts Triple Crown Drive. 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 addition of Whirlaway Lane for State 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 or north given
existing topography, development on various parcels, and potential harm to identified
water bodies..
d. As required by Section 7.8.2 of the UDO, staff has determined the road has been re-
developed in accordance with established NCDOT minimum roadway standards and
can be accepted for maintenance purposes.
e. The lots along Whirlaway 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 for each individual phase of the project.
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 Manager recommends the Board:
1) Make an affirmative finding that the re- development of Whirlaway 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
2) Recommend sending the application to NCDOT for addition to the State
Maintained Secondary Road System.
Attachment 1 5
Vicinity Map
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Attachment 1
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DEDICATION OF WHIRUWAY LANE
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Attachment 3 9
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J. TATA
GOVERNOR SECRETARY
November 20, 2014
ORANGE COUNTY
Ms. Bonnie Hammersley
County Manager
Orange County
P.O. Box 8181
Hillsborough, North Carolina 27278
SUBJECT: Request for Road Addition
Triple Crown Drive
Whirlaway Lane
Triple Crown Estates
Dear Mr. Clifton:
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.
Attachments
/tcs
P.O. Box 766, Graham, NC 27256 -0766
Sincerely,
C.N. Edwards, Jr., P.E.
District Engineer
Attachment 3 10
North Carolina Department of Transportation Division of Highways
Secondary Road Addition Investigation Report
County: ORANGE
Township: CHAPEL HILL
Co. File No:
Div. File No:
Local WHIRLAWAY LANE
Name:
0.42 MILES
Length:
Surface 2- INCHES
Thickness
LVE So R''
0 -11 -14
Date: 11 -05 -14
Div. No: 7
TRIPLE CROWN ESTATES
Subdivision Name:
18 FEET Surface SF9.5A
Type:
A B
PVMT Condition:
BC ase
Base Type Thickness
GOOD
8 INCHES
*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?
Recording Date: 07 -31 -2013 Book: 111 Page: 146
Number of homes having entrances into road: 14
Other uses having entrances into road: None.
If right -of -way is below the desired width, give reasons
Right -of -Way Width: 60 -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: C.N. Edwards, Jr. Reviewed and Approved:
DISTRICT ENGINEER
Reviewed and Approved
BOARD OF TRANSPORTATION MEMBER:
Form SR -4 (11/05/07)
J.M. Mills
DIVISION ENGINEER
Do not write in this space- For Use by Secondary
Roads Unit
Petition 4
Attachment 3
11
DEPARTMENT OF TRANSPORTATION INTEROFFICE MEMO
RIGHT OF WAY BRANCH
P. O. BOX 14996
GREENSBORO, N.C. 27415 -4996
Phone: 336 - 334 -3515 Fax: 336 - 334 -5331
November 20, 2014
MEMO TO: Mr. Chuck Edwards, District Engineer
MEMO FROM: Alan Rothrock
COUNTY: Orange
SUBJECT: Addition to System—Triple Crown Estates Subdivision
I have examined the plat (s) furnished by your office. Based on my examination of the plats it
appears that the Right of Way for the roads is as follows, as well as sight distances as shown on
plats.
Triple Crown Dr. 60ft.
Whirlaway Ln. 60ft.
If any additional information is needed, please contact me at the number above.
Attachment 4 - Excerpt of 12
October 23, 2007 BOCC Minutes I
A 9141 N W-INIA NIA zk #I U49
October 23, 2007
7-301 pm.
The Orange County Board of Cornmissionersi met in;, regular session on; Tuesday,
October 23, 2007 at 7:30 p.m. at the, Southern Human Services Center in Chiiapel Hill, NIortl-
Carol'ina.
COUNTY COMMISSIONERS PRESENT- Chair Moses Carey and'Commissioners
Valerie P. Foiushilee, Alice Mi. Gordon, Barry Jacobs, and Mike Nelson
COUNTY COMMISSIONER ABSENT-
COUNTY ATTORNEYS PRESENT- Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant COUnty
Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other
staff members will be identified appropriately beliow)
ILINIw M IN] � � � I � i
1 Additionis • Chianinies to the Agenda
The pink sheet is for item 6-a. The aqua sheet is the regular report on the water level,
*444 www w w w ?.X
This item was added as agenda item 3-c.
The Chair dispensed with the reading of the public charge,
Public Comments
a. Mafters, not! on the Printed Agenda
Uo-te
b. M'afters on the Printed Agenid�a
(These matters were considered when the Board addressed that item, on the agenda
below.)
a. Orange County Arts Grant Recipients
The Board presen,teid checks to local artists and arts organizations receiving Orange
County Arts Grants.
Martha Shannon said that the Orange County Artist Guild annual op;en studio touir is t
first two weekends in November. This year it is November 3-4 and November 10-11. Also o
1 �31h I it 1 -
November Orange County will be hoisting the Public Art Administrator's Roundtable fo'r t
State Arts Council in HjUsborough. The topic for that meeting is "Publ'ic Art in Small 7
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