Loading...
HomeMy WebLinkAboutAgenda - 12-03-2007-4lORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 2007 Action Agenda Item No. 'L SUBJECT: Recommendation to NCDOT Concerning the Addition of Little Leaf Lane to the State Road System DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Map of Fox Hill Farm East Craig Benedict, 245 -2592 2. Fox Hill Farm East Karen Lincoln, 245 -2594 SR Addition Investigation Report PURPOSE: To make a recommendation to the North Carolina Department of Transportation ( NCDOT) concerning a petition to add Little Leaf Lane to the State Maintained Secondary Road System. BACKGROUND: This subdivision was an exempt subdivision that did not receive BOCC review and was originally proposed as a private road. However, it does substantially meet proposed policies under discussion to allow a conversion from private to public as noted below. North Carolina General Statute § 136 -62 gives the citizens of North Carolina the right to petition the Department of Transportation to add roads to the secondary road system. This statute requires that the Board of Commissioners receive such petitions and forward them to the Board of Transportation with its recommendation. The property owners in Fox Hill Farm East (5 homes) have petitioned the North Carolina Department of Transportation ( NCDOT) to accept maintenance responsibilities for Little Leaf Lane. Fox Hill Farm East is located off the east side of New Sharon Church Road, in the northeast section between the intersection of New Sharon Church Road and St. Mary's Road, Eno Township. The plat creating the Fox Hill Farm East exempt subdivision (all lots are greater than 10 acres) was recorded in March of 2000. In February of 2006, the NCDOT District Office received, from NCDOT Division 7 Right -of -Way Office, notice of recorded right -of -way agreements from all landowners on Little Leaf Lane. NCDOT forwarded the petition materials for an Orange County Board of Commissioners' recommendation in March of 2006. At its October 23, 2007 regular meeting, the Board of County Commissioners (BOCC) reviewed a proposed policy from the Orange Unified Transportation Board (OUTBOARD) that suggested certain guidelines that could be used when considering citizen petitions requesting the addition ig of private roads to the NC secondary road system. The BOCC endorsed the OUTBoard policy and directed Staff to prepare language for review and consideration by the Planning Board to implement the OUTBoard policy. Staff is working with the County Attorney to develop specific language for a formal policy regarding recommendations to NCDOT for acceptance of private roads into the state secondary road system. Staff will bring the proposed language/policy forward at a later meeting. In the meantime, the Little Leaf Lane petition that is the subject of this abstract has been pending since March 2006, and Planning Staff is requesting that the BOCC consider the petition prior to the implementation of the formal policy. Staff will not bring forward any additional petitions for addition for roads platted in exempt subdivisions until the Board of County Commissioners has formally adopted a policy pertaining to such cases. While the Board is not bound to make its recommendation based on the OUTBoard , recommended policy, as discussed below, the petition does satisfy most criteria of the OUTBoard policy for a positive recommendation. The OUTBoard recommended policy addresses petitions for addition of roads to the State system in two categories: 1. Roads approved as public roads through the County's subdivision process (standard process) where the Board would recommend to NCDOT that roads approved as public roads via the County's major subdivision process be added to the State Maintained System; and 2. All other Cases where the County has not approved a public road via the County's major subdivision process. Petitions for addition of roads to the state system in this category may arise in the following situations: - a. BOCC approved 6 -12 lot major subdivisions containing only private roads b. Approved 4 — 5 lot minor subdivisions containing private roads c. Exempt subdivisions (all lots> 10 acres) containing private roads. This petition for addition is in category 2.c. The OUTBoard recommended policy reviewed by the BOCC requires the consideration of the following criteria for category 2.c. cases in order to recommend that the road be added to the State Maintained System: 1. Construction The road must meet NCDOT construction standards (NCDOT does not forward petitions for additions for a County recommendation if the road does not meet its standards.) 2. Connectivity The location of the subdivision is appropriate for extension of a public road to connect to adjacent developed or undeveloped land to provide a connection between two major public roads and the right-of-way is extended to allow that connectivity. 3. Right -of -way Petitioners submit a plat to be recorded that shows: • Irons placed to mark the edge of the public right-of-way at the new lot boundaries; and • Certificates of right-of-way dedication and acceptance signed by the appropriate entities. 4. County Subdivision regulations The petitioners voluntarily agree to follow Orange County Major Subdivision Regulations for any future development, or agree that there will be no further subdivision. Petitioners submitted the petition for Little Leaf Lane to NCDOT prior to discussions between County staff and NCDOT staff regarding petitions for addition of private roads and prior to the 3 Orange Unified Transportation Board's (OUTBoard) discussions to recommend a policy to guide BOCC actions regarding recommendations for petitions for addition to the State Maintained Road System Fox Hill Farms East exempt plat addresses the policy's four above outlined criteria for the BOCC to recommend that Little Leaf Lane be added to the State Maintained System as follows: 1. Construction • The NCDOT Secondary Road Addition Investigation Report states that Little Lear Lane meets minimum NCDOT road standards. 2. Connectivity • Little Leaf Lane does not meet the recommended policy requirement regarding connectivity. • Connectivity may not be desirable in this location as the only practical connection from Fox Hill Farm East exempt subdivision to another parcel of land is to Phase 2, Sections A and B of Fox Hill Farm East (a major subdivision approved by the BOCC in June 2000). To connect Little Leaf Lane (a 0.21 mile road) to South Flat Rock Place in Section B would, at a minimum, require an additional .31 -mile extension, impacting over 1.21 acres of upland hardwoods. 3. Right-of-Way • The eight residential lots are platted to the edge of the private road right-of-way and irons have been set at the edge of right-of-way. • The plat does not have certificates of right-of-way dedication and acceptance, but NCDOT has already recorded right-of-way agreements with all lot owners. 4. County Subdivision Regulation • A concept plan indicates that the Fox Hill Farm East exempt plat was planned in conjunction with Phase. 2, Sections A and B of Fox Hill Farm East Subdivision and connections to open space between those divisions of Fox Hill Farm East has been provided. The private road (a cul-de-sac) is part of a 10.03 acre parcel that also contains a pond on a 7.12 acre open space "parcel" south of the cul-de-sac and a 50- foot strip north of the cul-de-sac that connects to open space, approximately 23.6 acres, in Phase 2, Section A of Fox Hill Farm East subdivision. • There should be no future subdivision. Restrictive covenants filed with the Orange County Register of Deeds (Book 2054, Page 434) in Article One Section 1.1 (A) Single Family Residence states that "No lot shall be subdivided; however, adjoining property Owners may adjust a common boundary line by the sale or exchange of property between such Owners, provided that such sale or exchange otherwise satisfies the requirements contained herein." Article Three Duration of Restrictive Covenants establishes that "The restrictive covenants and other requirements set forth herein shall continue in full force and effect until twelve o'clock noon, local time, on December 32, 2015, after which time they shall automatically be extended for successive ten (10) year periods, unless an instrument in writing, signed by a majority of the owners of the Lots revoking or terminating the same, shall be filed in the Office of the Register of Deeds of Orange County, North Carolina, within the twelve (12) month period preceding the beginning of each successive period often (10) years." Article Five Amendment provides that "This instrument may be amended only by the affirmative vote (in person or by proxy) of not less than sixty-five percent (65%) of the Class "A" Members and s sixty-five percent (65%) of the Class "B" Members at a meeting of the Association called for that purpose. However, no such amendment may conflict with any term, provision or condition of the Declaration, as amended from time to time. Any such amendment must 2 be recorded in the Office of the Register of Deeds of Orange County, North Carolina, to be effective. NCDOT has investigated the request (please refer to attached Secondary Road Addition Report), and has submitted the petition to the Board of Commissioners for its review and recommendation. 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 that the Board forward the Little Leaf Lane petition for addition to the State Maintained System to the NC DOT with a positive recommendation. STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 1, 2006 Mr. John Link. Jr., Manager Orange County P.O. Box 8181 Hillsborough. North Carolina 27278 SUBJECT: Request for Addition Little Leaf Lane Fox Hill Farm Subdivision Dear Mr. Link: Attached is Form SR -mil, Secondary Road Addition Investigation report for the above subject roads, Form SR -1, Petition for Road Addition and a location map. Also. find attached right -oF- way agreements signed by each property owner located along Little Leaf Lane. This is being forwarded to you for review by your Board of Commissioners. Attachments indf S incerel v. C.N. Edwards. Jr.. P.E. District Engineer P.O. Box 766 Graham. N.C. 27?53'rrlephrnie (330) -5-70 -0833 I�IICH\ELD.EASQ8EY Governor STATE PROJECT: COUNTY: DESCRIPTION: SUBJECT:. MEMORANDUM TO: Nis; STATE OF NORTH CARoLiNA ^.. 0 � ar�^ �6�'~� `x�`". p DEPARTmiNT OF TRANsPORTATION DIVISION OFBI(JH-WA]/D February 14, 2006 N/A ORANGE LITTLE LEAF ROAD (Private) Recorded Right of Way Agreements NA0ETTE FOGLE88AN N. S. Hunt ^� / LYND0TIPPETT Secretary ADDITION TO SYSTEM 7 Attached are copies of nine 8D right of way agreements for the above. The DOT prepared the right ofway agreements ao requested bv Robert K8. Love, Attorney. Mr. Love acquired the signatures for the agreements and forwarded same with recording check to this office. The agreements have been recorded as follows: PARCEL/Q . CLAIMANT'S NAME BOOkC PAGE Q885-5G-711Q Randall O- TeeoiayQCeom{iaJ. Teasley, qB3949-- ----- husband Q:wife 9885-54-7420 Cleve Hampton Reese @ Joan Reece Reese, RB3949 101 husband &wife 9885-55-2114 Ashoioah\/-Kobmol&Ambm/imtA-Kotma|, BB3940 103 husband fkmrife 9885'54-2253 ' Fox GO|Feron0]aoterRomneom/ner/\omoo,,Inc. ��BQA4Q 105 James W. Hobbs, Jr. $HonoC.Hobbs, 9885'43-4744 husband &wife BB3A4Q 107 Eric Davis &Anisma 0yno1e Gimehmnm-OenYm" 9856-43-0526 husband &wife B83949 109 9855-44-3721 Lisa L. Lanier and CameoeoL'Wilkins 8B3949 11Y 9855-44~7946 Robert E. Burroughs, Jr. & Madelyn N' BB3949 113 WarcboRk, husband fkwife 9855-43-8035 James E'Lowe F\B3949 115 Also attached is a,copy of Mr. Love's letter requesting the preparation of the agreements. A description of the road is on Plat Book 85 at Page 52 in the Orange County Register of Deeds Office. Attachments Email Copy: C.N.Edwards Email Copy: mbert.lovm@ lomlaw.biz Email Copy: Tammie Vass 1101 East Weodovoz Avenue, Suite Z0O-P. 0. Box 14996, Greensboro, ]qC%7415-499 Telephone Number 336 - 334-3515 - Fax Number 336 - 334-5331 North Carolina Department of Transportation Division of Highways Secondary Road Addition Investigation Report County Orange' Co. File No. .-0-03-1-4 Date Township Eno Div. File No. Div. # Local Name Little Leaf Lane Seven Subdivision. Name Fnx Hill Farm Length 0.21 Width 20' Type 1-2 Condition Is this a subdivision street subject to the construction requirements for such streets? Recording Date 03-02-00 Book Number of homes having entrances into roac Other uses having entrances into road I IM I Good Yes 50 If right-of-Way is below the desired width, give reasons Right-oif-Way Width 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. Q6 Submitted byrs, C.N. Edwards,Jr.,PE Reviewed and Approved J.M. Mills,PE '5(STRICT ENGINEER DIVISION ENGINEER Reviewed and Approved Form SR-4 (1/2001) (Do not write in this space — For use of Secondary Roads Dept. Petition No. (Do not write in this space — For use of Planning Dept.) Form SR-4 (1/2001)