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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: March 19, 2024 <br /> Action Agenda <br /> Item No. 8-e <br /> SUBJECT: Resolution to Allow for a 25' Right of Way for Type B Private Road "Roy Cooper <br /> Lane" <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Reference Map Cy Stober, Director, 919-245-2592 <br /> 2. Preliminary Plat <br /> 3. Sealed Engineer's Certification Regarding Road <br /> Conditions Conforming with UDO Standards <br /> 4. Legal Description of Private Access Easement <br /> 5. Resolution to Allow for a 25-foot Right of Way for <br /> the Type B Private Road "Roy Cooper Lane" <br /> PURPOSE: To adopt a resolution approving a 25-foot Right of Way (ROW) to serve the private <br /> road needs for Roy Cooper Lane, an existing private road that will provide access to five (5) lots. <br /> BACKGROUND: The Wheelis Building Company applied for a Minor Subdivision of the <br /> unaddressed property with Property Identification Number (PIN) 9858-92-4952 on Roy Cooper <br /> Lane (Attachment 1), which is west of the intersection of NC 86 North and Carr Store Mill Road. <br /> The subdivision of this property requires conformance with all subdivision standards, including <br /> ensuring that Roy Cooper Lane's conditions meet the Type B Private Road Standards established <br /> by Section 7.8.5 of the Orange County Unified Development Ordinance (UDO). Both a Surveyor's <br /> Certification and an Engineer's Certification (Attachments 2 & 3) attest the conformance of the <br /> physical conditions of Roy Cooper Lane with one exception — the ROW width. <br /> As established in Orange County Unified Development Ordinance (UDO) Section 7.8.5(D) and <br /> Table 7.8.5.D, Type B Private Roads must have a 50-foot ROW (Table below, with staff addition <br /> of highlight for emphasis). Roy Cooper Lane has an existing private access easement width of 25 <br /> feet that has been in place since the 1960s (Attachment 4). UDO Section 7.8.5(D)(1 2)(b) allows <br /> for applicants to propose ROWs narrower than 50 feet, with approval by the Board of County <br /> Commissioners, but "[i]n no case shall a [ROW] of less than 25-feet in width be approved." <br /> TABLE 7.8.5.D BASIC STANDARDS AND SPECIFICATIONS <br /> FOR PRIVATE ROADS <br /> Max. Number of Lots 12 2 3 1 5 <br /> Right-of-Way Width 50 ft. 50 ft. 50 ft. 50 ft. <br /> Travel-Way Width 18 ft. No Standard 12 ft. 12 ft. <br /> Road Maintenance Yes Yes Yes Yes <br /> Agreement Required <br />