HomeMy WebLinkAboutRES-2024-015-Resolution to Allow for a 25-foot Right of Way for the Type B Private Road Roy Cooper Lane Attachment
Resolution # RES-2024 - 0 , 5 ` C , C � j r� 1
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 25400t 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
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 25400t 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 .
U on mq tion of Commissioner seconded b Commissioner
M � r , the foregoing resolution was adopted this the day of
20 4 .
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 Count , this ` day of \AWC1,, , 2024 .
Ode
Olt
l `g= Clerk to the o rd of Commissioners
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