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HomeMy WebLinkAboutAgenda - 08-08-1994-IX-E 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 8. 1994 Action Agenda Item #TX-E SUBJECT: DANNY SETTLEMYRE - PARTIAL WIDTH RIGHT-OF-WAY DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Jane Garrett Partial Width Right-Of-Way Extension: 2581 Checklist Subdivision Proposal Tax Map TELEPHONE NUMBERS: Request for Partial Width Hillsborough - 732-8181 Right-of-Way Durham - 688-7331 6/20/94 Planning Board Mebane - 227-2031 Minutes Chapel Hill - 967-9251 PURPOSE: To consider a request by Danny Settlemyre for a reduction in right-of-way width from 50 feet to 30 feet. BACKGROUND: Danny Settlemyre wishes to create a 1. 16 acre lot out of a 95.08 acre tract. The property is located east of Dimmocks Mill Road (SR 1134) . A proposed private road (30 foot right-of-way) approximately 325 feet in length will provide access to the property. The required road classification is Class C because the access is intended to serve only two lots (Lots A and B) . A portion of the right-of-way is being provided via an existing lot (Lot A) . Reduction of the right-of-way from the required 50 feet to the proposed 30 feet is needed in part due to the location of the existing septic drain line located on Lot A (existing lot) as well as the limited area for a proposed septic system for Lot B (the newly created lot) . The proposed new Lot B also does not have direct frontage on Dimmocks Mill Road. Efforts to acquire a strip of land between the proposed new lot and Dimmocks Mill Road proved unsuccessful due to the sale prices of the intervening strip. Access through the remaining portion of the 95.0 8 acre tract could be provided but the expense of existing a road from New Grady Brown School Road or around two lots fronting on Dimmocks Mill Road proved to be prohibitive. 2 A partial width right-of-way assures adequate access to the proposed new lot by providing, in essence, a driveway. RECOMMENDATION: The Administration recommends approval of a partial width right-of-way of 30 feet for the private road. 08 `+47,f CO I �a 4 Of 1 T Ivy ,., L1 L2 06 CON TRCL ry r CORNER 6 7A'S9• AS PER 405.2' P8 61/53 r `A J LJ �o .y Z L—______� U 1.16 -AC TOTAL `' a * i f'y + -0 18 As R/W { SEP CL DRAIN L%NE LN 5341' w �_ 42.C6' 65^ '34.E I ( z9s.15 L4 P40PCSfD 30"PRiVAIE DRIVE •7%72' i1.4 M1i..NU 'i✓`. ir�A i. �f^,L( DNA,Pr .O.:ORUAMCC MIN i •7_3D i AMENffG� Af1NESS N OR,OINAI ,r SIGNATURE RELr:1RA'l:N NUMBER AND SEAL T1,i- _ 397N DA/Of N047;MbE5 -'_J. ::',1::^ R �a 99_ 1.16 Ac. O;Z.-. REGISTERED LAND SLRYCVUr N. v'M' -0.07 AC R/W w \@O• pR0P05ED mew or 0R1N CAROLINA.ONANSE-C,IN 7f I. A NOTARY PUBLIO or THE „conk)ANS 'T.rE AFORESAID CMM R.aS FS C SURVEYOR.PERONA. APPEARED BEFORE ME DAS DAY AND ACKNORLEDGED INC EXECUTION OF THE FOREGOING INSTRUMENT IMIWESS MY HAND AND le qfTIOAL STAMP OR SEAL BO SHIN / N .34.W DAY OF NOVEMBER 298.02' N07ARY PUBUL I • •• SCALE I' 4C so 0 40• 90 3 n ti _p_ PINSEi WMe°I a PROPERTY UNE DATA -_•—' EXISTING+RPN/ROCH DISTANCE V 0C.8 118/23 `o -. CONC.M AUENT SET y ® S 85'26'11 E 29 76 08 118/23 •— CONCIINC GONG MOlE DAVID WAGNER L S 8516 11 E 1J 00 93.7 AC REMAINING — .._ MATWEMAiiCAL POINT 68 53/199 Li S 85Y6 58 E JO 00 LAND RS L4 583 S 34 C JO 00 RFGJ57FRID sums-7� FINAL PLAT SURVEYED FOR DANNYRSETTLEMYRE CALLEMYN LAND 1 NORTH CAROLINA SURVEYORS e yo cIN TpPRt_ G_44<o HILLSBOROUGH. TWP, ORANGE CO, Tu NOVEMBER 71, 7P93 CO PRPROPERTY AS DESCRIBED IN 3 "B F J 25 i AL04S CAHLIRTO RLS S ANC NC, .N THE NA'd_ 9! � 104 N CHUR70N SERE! t C A+,»Ni,�L' MLLSBORQUCH, NC 272 l 919-732-39e3 9854 +--^9864 )AMMJ 61TLEMVgE• PARTIAL WUnN tic NrT-of -WA y - 4. 42.A •2 D •1 o•Pai R _ W • 38 , I . >.< ..... I ,t I / COCr) t i \\CO \N ...., // it_jimaix /- _�� // (TIMBERS T 0 M \� 1 -40 11 1 m 1 .4452 \\ cr Fu N \ 11 O a. I 8293 3 N \ \\ V O \ (' I \\ \f 44 8 AC• Eil \ I 0 �, \ va-- 202 AC. \\ \� 1.0: .._ . t----e><ISniA LOT A 1, \\ \\ 3 � N a PROPOSED MEW LOTP� Z i t \� / I 9125 1 1 �\ Z Z la O II � ,3j p A- 35.53AC• I I ` 1-- t u II NEW GRADY BRO ` N 83870 OQ , — — — SCHOOL R D 1 1 • SEE MAP i28 �� I - \ -- I JOHN W MANGUM SEC t , , i / 1 \ B COLEMAN JR 98 ��� p SEC 2 ` 4„ 1 '\ ,7482 SEE MAP 42C \1 \ ( 20 AC. II �) �� GRADY BROWN V Id A B $OL EMAN.JR ` MAP SCHOOL t N 6 5 DANNY SETTLEMYRE MINOR SUBDIVISION PARTIAL WIDTH RIGHT-OF-WAY CHECKLIST (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 slopes down towards Dimmocks Mill Road. The surrounding area is single family residences and agriculture. - The proposed road is intended to serve only two lots and is approximately 325 feet in length. The subdivision regulations do not require construction of Class C private roads which serve no more than two lots. A driveway would be constructed, however, to provide access to lot B. The proposed right-of-way 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 proposed private road is classified as a Class C road. (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 C road is 8 foot travelway plus approximately 4 foot shoulders and/or ditches as needed. If the road were to be constructed to Class C standards, a 30 foot right-of-way will accommodate the requirements. (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 service vehicles. However, roads are seldom constructed the width of the entire right-of-way. In most cases, even if a standard driveway is available, it is wide enough to accommodate emergency vehicles. 6 (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. Pre-existing condition precludes the provision of full right-of-way due to the existing septic drain lines and limited area for a proposed septic system. r, ALOIS CALLEMYN LAND SURVEYOR 104 N. CHURTON STREET HILLSBOROUGH. NORTH CAROLINA 27278 TELEPHONES. 732.3883 • 682-6240 May 11, 1994 Mrs. Jane Garrett Orange County Planning Department 306F Revere Rd Hillsborough NC 27278 RE: Danny Settlemyre - Tax Map #4.42.A.2 Dear Jane: On behalf of our client, Danny Settlemyre, we would like to request a partial width right-of- way for the proposed Draughon Drive that will access Lot B as shown on survey entitled "Property Surveyed for Danny Settlemyre" dated November 11, 1993. We are requesting this partial width right-of-way due to the existing septic drain line located on Lot A as shown on plat mentioned above, and the limited area for the septic system needed for Lot B. If you have any questions concerning this matter, please contact me. Thank you for your consideration. Respectfully submitted, (;;C...---• J. D. Cecil, Jr. JDCjrsld FARM, LOT. BOUNDARY, TOPOGRAPHIC. LOAN, AND CONSTRUCTION SURVEYS • SUBOIVISION DESIGN AND LAYOUT 8 element of the Comprehensive Plan. This Concept Plan was approved by the Orange County Planning Board on December 20, 1993 with the condition that Lot 16 receive access from the subdivision road. Agency comments were received from Environmental Health, Emergency Management, Soil & Water Conservation, Recreation & Parks, and NCDOT. Applicable comments have been incorporated into the Resolution of Approval. The Planning Staff recommends approval of the Preliminary Plan for Mt. Willing's Summit subject to the conditions contained in the Resolution of Approval. (A copy of the Resolution is an attachment to these minutes on pages . ) Waddell asked the distance to the reservoir. Kirk responded that he did know the exact distance. Rosemond asked about lots in the water quality critical area. Kirk responded that lots 5-11 are in the critical area and are all larger than the 2-acre minimum lot size. Impervious surface standards also apply. Waddell noted that lots 9 and 10 have steep slopes. Kirk responded that the Health Department has determined that there are suitable septic sites and buildable areas on those lots. MOTION: Barrows moved approval as recommended by the Planning Staff. Seconded by Jobsis. VOTE: Unanimous. MUM+ b. Partial Width Right-of-Way ( 1) Danny Settlemyre Presentation by Jane Garrett. This item is to consider a request for a reduction in right-of-way from 50 feet to 30 feet. Danny Settlemyre wishes to create a 1. 16 acre lot out of a 95.08 acre tract. The property is located east of Dimmocks Mill Road (SR 1134) . A proposed private road (30 foot right-of-way) approximately 325 feet in length provides access 4 9 to the property. A portion of the right-of-way is being provided via an existing lot (Lot A) . The required road classification is Class C because the access is intended to serve only these two lots. Reduction of the right-of-way from the required 50 feet to the proposed 30 feet is needed due to the location of the existing septic drain line located on Lot A (existing lot) as well as the limited area for a proposed septic system for Lot B (the newly created lot) . The Planning Staff recommends approval of a partial width right-of-way of 30 feet for the proposed private road. i Barrows asked what would happen if the partial width right-of-way was not granted. Garrett responded that they would not be able to create the lot in question. Reid asked if the curve in Dimmocks Mill Road was the reason that access could not be obtained. Garrett responded that Lot B does not have direct access, only Lot A. Waddell asked about the property that belongs to Mr. Wagner between Lot B and Dimmocks Mill Road and Garrett responded that was the reason that the Settlemyres do not have direct road frontage. Barrows asked if Mr. Wagner had been contacted about an easement or access. The applicant responded that Mr. Wagner had indicated he would sell the strip needed for a sum of $5,000.00 or trade it for an acre of land. Barrows indicated the property could be developed without granting a partial width right-of-way even though the cost would be high. Reid noted that he felt the curve would also prevent access and asked if DOT would agree. Garrett responded that DOT would not be contacted until the property owner applies for a driveway permit. MOTION: Boland moved approval of the partial width right- of-way as recommended by the Planning Staff. Seconded by Reid. VOTE: 10 in favor. 1 opposed (Barrows - could be bought, expense cannot be considered by the Planning Board) .