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,w <br />A U G 191991 soot 47 'PACE 289 <br />TO: The Honorable Members of the DATE: August 12, 1981 FILE: <br />Board of County Commissioners . . <br />SUBJECT: Request for Preliminary Plat Approval <br />of Kingslake Unit II Subdivision <br />FROM: Neil A. Nelson, REFERENCES: <br />County Administrator <br />Description and Conditions <br />During the August S, 1981, meeting of the members of the Board of County <br />Commissioners, the decision to take action for approval of Kingslake Unit II <br />Subdivision was postponed at the request of Mr. S.P. Musick, the Owners Agent, <br />to allow the County Staff to research past policy on requesting both the <br />dedication of additional right-of-way and paving of a half road along Pecan <br />Road. Mr. Musick's claim was that it is not equitable for his client to be <br />requested to give property for right-of-way and pay the cost of paving a half <br />road when the property owner south of the existing canal only has to pay for <br />the half road paving. <br />In an effort to determine past County policy, the County Engineering Depart- <br />ment <br />epartment researched the Subdivision Ordinance and past subdivision projects approved <br />in the last few years which front on unpaved roads. A copy of the Engineering . <br />Division memo is attached. It is evident that, where possible, half or partial <br />right-of-way has by policy been requested for all subdivisions reviewed. The <br />County -has dot been consistant on requesting paving of adjoining half roads -`.or <br />is 'uF31iT ove-r-oacds,=end-has = never -requested property comers south of the <br />existing*-sublateral canals provide for the paving of a half road. <br />Analysis and Alternatives <br />In analyzing the current Subdivision Ordinance, the staff interprets that <br />all roads are to be paved and where "half" or "partial" roads are existing, <br />the other part of the street shall be dedicated within such tract. Pecan Road, <br />in this case, may be considered to be a "partial" road and additional right-of- <br />way should be requested. As to requiring the paving, it is the staff's position <br />that Pecan Road should be paved based on the Subdivision Ordinance requirement <br />that "the arrangement of streets in new subdivisions shall be such as to facil- <br />itate and coordinate with the desirable future platting of adjoining unplatted <br />property ... and to provide for local circulation and convenient access to <br />neighborhood facilities", and that all streets shall be paved. <br />Based upon the above, two alternatives are presented for the Board's <br />consideration. <br />Alternative # 1 <br />Request dedication of the property for Pecan Road right-of-way.and the <br />paving of a half road along Pecan Road. This alternative can only be equit- <br />able if the County sets the policy that that subdivider south of the canal <br />shall also be requested to pave the other half, regardless of whether he <br />connects or not. The developer to the south must bear the cost of culverting <br />the canal in leiu of providing right-of-way so a certain equity is present if <br />the County requires the o�mer south of the canal to connect to Pecan Road <br />thereby providing for local circulation. <br />Alternative # 2 <br />Request dedication of the property for Pecan Road right-of-way and funding <br />of paving to be provided as directed by the Board when necessary under the <br />provisions of the Special Assessment Ordinance and based upon benefitted area. <br />This alternative would place the road paving burden on all of the benefitted <br />residents. The disadvantage of this, alternative includes requesting a property <br />owner with a large tract (10 acres or so) to share in the cost when he does not <br />wish to do so. <br />