Loading...
HomeMy WebLinkAboutAgenda 03-19-24; 8-e - Resolution to Allow for a 25’ Right Of Way for Type B Private Road Roy Cooper Lane 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 19, 2024 Action Agenda Item No. 8-e SUBJECT: Resolution to Allow for a 25' Right of Way for Type B Private Road "Roy Cooper Lane" DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Reference Map Cy Stober, Director, 919-245-2592 2. Preliminary Plat 3. Sealed Engineer's Certification Regarding Road Conditions Conforming with UDO Standards 4. Legal Description of Private Access Easement 5. Resolution to Allow for a 25-foot Right of Way for the Type B Private Road "Roy Cooper Lane" PURPOSE: To adopt a resolution approving a 25-foot Right of Way (ROW) to serve the private road needs for Roy Cooper Lane, an existing private road that will provide access to five (5) lots. BACKGROUND: The Wheelis Building Company applied for a Minor Subdivision of the unaddressed property with Property Identification Number (PIN) 9858-92-4952 on Roy Cooper Lane (Attachment 1), which is west of the intersection of NC 86 North and Carr Store Mill Road. The subdivision of this property requires conformance with all subdivision standards, including ensuring that Roy Cooper Lane's conditions meet the Type B Private Road Standards established by Section 7.8.5 of the Orange County Unified Development Ordinance (UDO). Both a Surveyor's Certification and an Engineer's Certification (Attachments 2 & 3) attest the conformance of the physical conditions of Roy Cooper Lane with one exception — the ROW width. As established in Orange County Unified Development Ordinance (UDO) Section 7.8.5(D) and Table 7.8.5.D, Type B Private Roads must have a 50-foot ROW (Table below, with staff addition of highlight for emphasis). Roy Cooper Lane has an existing private access easement width of 25 feet that has been in place since the 1960s (Attachment 4). UDO Section 7.8.5(D)(1 2)(b) allows for applicants to propose ROWs narrower than 50 feet, with approval by the Board of County Commissioners, but "[i]n no case shall a [ROW] of less than 25-feet in width be approved." TABLE 7.8.5.D BASIC STANDARDS AND SPECIFICATIONS FOR PRIVATE ROADS Max. Number of Lots 12 2 3 1 5 Right-of-Way Width 50 ft. 50 ft. 50 ft. 50 ft. Travel-Way Width 18 ft. No Standard 12 ft. 12 ft. Road Maintenance Yes Yes Yes Yes Agreement Required 2 TABLE 7.8.5.D BASIC STANDARDS AND SPECIFICATIONS FOR PRIVATE ROADS CLASS A CLASS B Maintenance Property Owners Property Property Owners Property Responsibilit Owners Owners The Orange County Development Advisory Committee, which includes the Planning staff and Fire Marshal, have reviewed the request, including an inspection of onsite conditions and have no objections to the proposed ROW width. The application has been reviewed for all criteria for allowance of a private road, including its purpose and intent, as set forth in UDO Sections 7.8.4 and 7.8.5(A), respectively. All Minor Subdivision Final Plat requirements will be met prior to signature and recordation. FINANCIAL IMPACT: There is no direct financial impact to the County associated with this item. Roy Cooper Lane will be maintained by the adjacent property owners, per a Road Maintenance Agreement, and as required by UDO Section 7.8.5(D)(14). SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is associated with this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board adopt the attached resolution to approve the applicant's petition for a 25-foot right of way for Roy Cooper Lane to accompany recordation of the Minor Subdivision Plat for Wheelis Building Company. Parcel 9858924952 3 �l Z 0 Cu C-) 0 c� �Z GfiRR �©� Streams ` _ N i in 200 feet ORANGEFeet Q PIN 9858924952 UNTY CO o zoo 7- Planning and Inspections Department(BC) Parcels 212612024 C:SCIS WorkspacelProject5'Wheelis Building CompanylWheeh Building Company.aprxlParcel 985892495= 4 u�. Ili. — �m�,Ie Be. °F IA �Be<x3,N. ANle,W-1,p,<N e�a xx3 Ire. tete.Fee Baeea° Be°a Ne,3x I— =h .W)_SANn N'RBiu cA)x 5 °Pby FuE°I°WAR nt11 veWrnN byw NeSm 0(b)af nt not°ocpre`Ossai°r Ne°v av°°°a piv°t°e�9rwa w° o m` I v N wlotirca°a 9A za.i neW nb Fb'l.a....ic�cezea•olner pri<ole°ao°°ae e(c)ape ecelu<I mo nale'°n°e I° M pB�e rc°b wnlna�Na eubelavti`n°I Nn ztana°Ne aet Wr oappa°I.°ni(aeapmriae rtcora n°u'ro 3.oxe nc e< $ (AREA a C1el'Ueaeea a z—.1 `(NE `En)� lne em 9 9 w e,ene 9 w,eeroment(2Bexi,'p9P°s25)°nll be r,Beea�MounP° aQ°mCb Ma CauntKKOp`neirae°aPumzpent en°II be rclerencetl°n Ne Fn°I Plet. 52 SMq.Eee (D O LEGENO B,M 5 e i0l5 ARG) (x 9 ioi5 FPFAQ) Aoe3(loBl5 .5 3 iure< .5 3 krn Sv,Fe i'li Psa F�ietB/W) (MFA�IH P5v Gen/W) EEE ".T.ia0•B) ( Zl �q� E 0--- S, I i B w. — liEw ARFA� 63x650At l 0'. Px-W 6�5A�"— \ T 6 rawumrs wzum°m R P °�_ t 'AW r - \ uaRer e°o(Rrot­eee) \ \ A \ \ vARD eFfBA[:KS S \ `\\\ \\ \ A IOWA INVERV SUS ARS: \z\ \\ \\ \ \ \ O'W.sq.R(tu)(I I sq.a(NWD NI> se.N.Bem°mmy) $�s v O 1- ox:)me6 Ea N.(W°.n D.-6,.li,Bm o^x Iw� B.B.BB3>.pB.zzs �vv��\y vv v v vv vv A aI \\ \ Ipiswc) v \ s R� IS A PRELIMINARY MAP P°IL,oRSWCERrF°Aro°"ASN \ W_W \ :xe. v �` \ �\ \ `\ \\ `\ \ ,mpm.em..�e.n°..°e�rW..a°t p M --- EI magV �` ti ` W,, "i,, n°m.e. ae Lsel tr pec3. a W `E„wig° BBR F IN, 1 r B°,tn °rce° ,° a B°°°a a WW,t 6 SAME IBBI \`x V v 1Av mof v Im 1 1 1 1 1 \ 1 \\ \ 1 1vVA, \'\ \ 11 11 h— W. tt,e -1. 1 1 1 1 1 \1 1 1 \ 1 1 1 1 es I W ma. ea 1 oo.cn h plm wN°n.(Be<) ar_W. RN,i coueq.a rcep°°«mntr°<prc.mee°°nr°i°.. Ne B<.<w o�B«� 111 11, rix W/"fix/ / Brceee e°.etr L°ea 1 1° /c < 0 50' 10E` 150' Prelpminary MINOR SUSOO `VL U L For Review I,QRANG NORTH CAROLINA pQ��0 OG9 L3C p� 4 ozno(zoza 114013 AM SCALE:r'=5o' WE. /o/z o/zSzozs iz 3%zO Moo flow ga0lla!8 G3@6(Drcfl 7M QONA DER09INSONLANosUIVITY Nc 5 EQUINOX ENGINEERING, PLLC M E 0 R A D l,,Rktitiy«el�nfar��j���r+fr •��� �+ v„0 f Pr�i To: Orange County Planning SEAL From: Ernest G. Dodson, PE; Equinox Engineering,PLLC in association023472 EarthCentric Engineering, Inc. % Subject Roy Cooper Lane Engineer's Certification ,i �T..,....... 4 .�` 6 Date: January 17, 2024 d 1/1 7/2-0Z4 Firm License: P-1983 I On January 8 and January 10,2024 I visited the site to inspect Roy Cooper Lane,an existing private gravel drive off on the north side of Carr Store Road just west of its intersection with NC Hwy 86. The purpose of the visits was to produce an Engineer's Certification of Construction of Private Road as requested by Orange County Planning(copy of the County form attached). While all items mentioned on the form could not be completely verified because of it being an existing road,the form was used as a template for the items listed below. Roy Cooper Lane 1. This is an existing gravel road. By probing along the sides covered by leaf litter, I found that the width of the travel-way was at least 12' and in some cases,more. 2. The stone thickness was measured by augering down through the stone. The stone depth was found to be at least 6"at which point the auger was refused. I suspect that the stone depth is closer to 8". The stone was well compacted. 3. The road has a typical cross-section and adequate shoulders within the 25' right-of-way. 4. The ditches are shallow but appear to be adequately conveying the small amount of runoff. There was no sign of erosion or other drainage problems. 5. No storm pipes were observed,however,there may be a small culvert at some point that I missed. There were no areas where a pipe appeared to be needed or required. 6. All areas along the length of the road are,and have been, well stabilized. 7. The road sign is in place,visible and properly installed. 8. A tee-type turnaround is proposed on the northernmost newly proposed lot. 9. No issues with clearance, horizontal or vertical were noted. 10. The sight distances in both directions at the intersection with Carr Store Road are more than adequate(pictures attached). By signing and sealing this document,I certify that this existing driveway appears to be in accordance with the requirements of the applicable regulations. If you have any questions or need any further information,please do not hesitate to call me at 919-616-3451 or email me at ernie.e uinox,-fmail.com. 5030 Whitehorse Road - Hillsborough,NC 27278. 919-616-3451 - ernie.equinox er gmail.com • Firm Lie. P-1983 6 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPEC"1 ONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 272781919.245.2575 ENGINEER'S CERTIFICATION OF CONSTRUCTION OF PRIVATE ROAD This certification must be signed, stamped, and dated by a professional. The completed certification must be delivered to the Current Planning Division of the Orange County Planning Department before construction of the road can be approved. NAME OF ROAD: NAND OF SUBDIVISION: I certify that with respect to the items listed below,this Private Road has been constructed to Class standards as specified by the Orange County Private Road Standards. 1. Material used in the travel way; Thickness of travel way: Certification of 90% compaction: 2. Width of shoulders: Type of cross section: 3. Ditches are located where necessary to provide adequate drainage in accordance with sound engineering practice. 4. Storm pipes are properly sized and located and energy dissipaters installed where necessary in accordance with sound engineering practice. S. All disturbed areas are properly stabilized. 6. The read sign has been properly installed. 7. An adequate turn-around (Type: is in place at the end of the road. S. Required vertical and horizontal clearance is provided: (give dimensions) 9. Proper sight distance and construction at the intersection with a public road has been approved by NCDOT: (date of closing letter from NCDOT for the driveway) SIGNATURE DATE PRINT NAME AND TITLE STAMP 1 rr ,�llN �swe�:a'.' s�frb`�iy�• ;% P } ��1�t `yty #� ���'� `tip � �����i�',��`�- ,� • , ti xr"� .ti�9 ins� �. ���;_ � y s_.fix Pf•.'' JFtirii s _�' ' ar! ! VS. fit;.. ��,sF � ,; ;� ! �,fr � }}1ppi, �'g�ayy •f ,� MM u^ sF x 7 IF 8 I Sight distance at Carr Store Road looking west f i 7- 1 �4 Sight distance at Carr Store Road looking east PARCEL OATH COV -o,- y7.eaN<t'm ana se�m<k linea wneNer ppR 9858-ex-aesx wuuGE coVHiY - An.wTe I.H "O.T. u) oauzsI ILI. Nx amm, (An R/x) nPoa Ro�ono.00<aom. a orc weal m ono.maea on o<�oai<ommameom to ACME ..) nel oil eet 0 O ucu.�mre O 3 e (as esTOAL Rte. (NEW TO—`Rrw) a (Al.�1.11A.R/+x) (nRu'I"'v 1 R(w) MIT AR-t) �i sieR cAOFe�v� xmm GEND oeia I T. cuca pore •A cacwnore some aAW.O u.tvassiazoo e) WAiERSHEQ i ornment UPPer Eno(Protected) t / —— YARD—RACES R vol P oomymen amee enm�•p� _I -oV-Orem train r"IV'p�<oa 1++w.q[w�— \ \\� ALLOWABLE MPERV OUS AREAS THIS IS A PRELIMINARY MAIl SSAL HAVE BEEN PURPOSELY ORITTED. :\ In • _9 c, i OO up\\ \ \ S\\ ry M omeownem wmaoe w noeew.onon w e.maa le al mut Y' 9 Y • `e F 1 IZ \ \ \e$e wner e �� � r•,u�Y'"s ,1 'wW��sl°O' 1 \'0� I \\`�\��, norm oronno. co<ntr Com, 1 r EpFY ( � EXI6TINOORAVEL ROAD -Yoe�+�n:'oreolnr<re�in�a . w.xn"I d o0�1 e�gea Nem Iw N 11 Ow FV�R x0� I� 11 11 11 1 11 1 \ 1 \\ \\ aU N = 1 1I.. e/ Ik t m,no �� 11 1 11 1 11 1 11 11 v1 vvY�vv �,N.a nwa,nes«a n>�� H111111,,N —1 11 ' 11 11 11 11 11 1 11 q� a�'°".+°''`•" •rye° b,P9Db��Ill 1h';lal ,. Preliminary w.a,,I3 12/19/2023 11:22:23 AM For Revie D 5D' 12/19Y2023 11:22:32 AM ^� IXPEDRED SUBDIVI 10. D{U L MPANY I.ORANGE COUNTY.NORTH CAROLINA pQ��0 OG9 L3C p� 4 p E:)"=soWE.121/29 �; Mn o4 ffow gaOw!N G3@6(Drcfl 74o0OG11 DONAI.DEROBINSONLANDSURVEYMG 10 Legal Description of a 25-Foot-Wide Private Road Right-of-Way Dedication Currently Known as ROY COOPER LANE POINT OF COMMENCEMENT being an existing railroad spike located on the north right-of-way line Carr Store Road(aka: Ceder Grove Road) and being the common south corners of Lot 46 and Lot 47, as shown in Plat Book 4,page 81,entitled Property of J. E.Walker, situated in Cedar Grove Township, and recorded at the Registrar of Deeds Office, Orange County, North Carolina; thence from the aforesaid of POINT OF COMMENCEMENT(POC),bear S 62°16'56"W,with the north right-of-way line of Carr Store Road, a distance of 2.53 feet to the POINT OF BEGINNING (POB) of the centerline of a 25-foot-wide private road right-of-way currently known as Roy Cooper Lane; thence bear N 18°30'00" W, on a line parallel with and 2.5' west of the common lines of the aforementioned Lot 46 and Lot 47, a distance of 758.97 feet to a point hereinafter referred to as REFERENCE POINT `A'; thence continue N 18°30'00" W, on a line parallel with and 2.5'west of the common lines of the aforementioned Lot 46 and Lot 47, a distance of 380.72 feet to the POINT OF TERMINATION (POT) of the centerline of the 25 foot-wide private road easement, and said point being located S 80°32'00"W, 2.53'from a new iron rod at the north common corners of aforementioned Lot 46 and Lot 47. This private right-of-way encompasses the same area as the ingress, egress and regress easement as described in Deed Book 220,page 625,recorded at the Registrar of Deeds Office, Orange County,North Carolina. In addition to the above-described private road right-of-way is a 25-foot-wide `turn-around'right- of-way described as follows: POINT OF BEGINNING(POB) of the centerline of the 25-foot-wide `turn-around'right-of-way, being REFERENCE POINT `A' as described above, bear S 70° 30'00"W, a distance of 46.50 feet to the POINT OF TERMINATION(POT) of the 25-foor-wide `turn-around'right-of-way. The above-described easements were taken from a pre-recorded survey plat, entitled Minor Subdivision for Wheelis Building Company,by Donald E Robinson Land Surveying,Project No. 9858-92- 4952-1123. °°a011 Pel p��° v°°sl C A O°v Digitally signed by Donald E Robinson,PLS,CFS o — Loc C=US,E2 Neese Road,net,am,NC d E Robinson Land Surveying,OU=Survey,CN="Donald E Robinson,PLS,CFS" s Location:2132 Neese Road,Graham,NC 27253 b Reason:I attest to the accuracy and integrity of this document v f7 a Contact Info:(336)229-5977;demurvey@att.net ul •7 Date:2024.02.1214:53:00-05'00' It '4 VV •1r-.•-y7 e '6a�oaaaosaae 11 Attachment 5 Resolution # RES-2024-015 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS A RESOLUTION TO ALLOW FOR A 25-FOOT RIGHT OF WAY FOR THE TYPE B PRIVATE ROAD "ROY COOPER LANE" WHEREAS, Wheelis Building Company is proposing a Minor Subdivision of the unaddressed property with PIN 9858-92-4952 and is petitioning for an allowance of a 25- foot right of way; and WHEREAS, the property is currently served by a private driveway easement named "Roy Cooper Lane"; and WHEREAS, Roy Cooper Lane's was dedicated May 27, 1969, as a 25-foot wide private access easement to this property and the property with PIN 9858934206; and WHEREAS, Orange County Unified Development Ordinance Section 7.8.5(D)(12)(b) allows for the Board of County Commissioners to allow, upon request, for private road rights of way narrower than 50 feet, but "[i]n no case shall a right of way of less than 25- feet in width be approved"; and WHEREAS, Section 7.8.5(A) of the Orange County Unified Development Ordinance (UDO) requires that private roads be approved only when the "'benefits' outweigh the negative aspects"; and WHEREAS, there is a benefit in precluding unnecessary land disturbance which exceeds any benefit in consistency of road widths; and WHEREAS, UDO Section 7.8.5(A) also requires that private roads "...be justified by the particular lot arrangement and benefits provided by each development"; and WHEREAS, the lots have existed for some time now and receive all necessary benefits from the road; and WHEREAS, UDO Section 7.8.5(B)'s General Requirements requires that private roads "serve lots within subdivisions that do not have access to state-maintained roads" and provide "private adequate access for residents and emergency vehicles"; and WHEREAS, Roy Cooper Lane terminates approximately 110 feet north of this property and currently provides all existing lots with residential and emergency access services; and WHEREAS, the road and subdivision have both been reviewed and approved by the Orange County Development Advisory Committee, in accordance with UDO Sections 1.9 12 and 2.14, for conformance with the standards for Minor Subdivisions (Section 7.2.2) and Type B Private Streets (Section 7.8.5(D)); and WHEREAS, Roy Cooper Lane will be required to have a new deed that legally provides residential and emergency access to all adjacent properties prior to final plat recordation; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners finds that the request is within its authority to grant, the benefits outweigh the negative aspects, it is justified by the particular lot arrangement and provides adequate access to both residents and emergency vehicles. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners approves the 25-foot right of way to serve the Type B private road "Roy Cooper Lane", accompanying the Minor Subdivision application from the Wheelis Building Company, as empowered by the Orange County Unified Development Ordinance § 7.8.5(D)(12)(b), on March 19, 2024. Upon motion of Commissioner seconded by Commissioner , the foregoing resolution was adopted this the day of 2024. I, Laura Jensen, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 19, 2024, as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2024. SEAL Clerk to the Board of Commissioners