6/26/1985 - Laserfiche WebLink

Home Browse Search

r JUN ¢ '' 1985 %1 BOOK 61 MGF 9. 91 Attorney Bill Caldwell, on behalf his client, owner/applicant Ralph Waldo Sexton, is now appealing the condition attached to preliminary plat approval by the Planning and Zoning Commission. The owner/applicant wishes to be scheduled for consideration at the June 26, Board of County Commissioners meeting, but have the hearing continued to a time certain in September, to allow time for summer workshop meetings on right-of-way requirements and acquisition. ALTERNATIVES AND ANALYSIS: As submitted, the Unit 5 preliminary plat depicts. a dedication of an additional 10 feet along the 12th Street right-of-way. This dedication would render a total right-of-way width of only 60 feet along this road segment. The Thoroughfare Plan and the Comprehensive Plan (p. 80) both designate 12th Street as a primary collector. Both also describe the minimum right-of-way width for primary collectors as 100 feet. The`Comprehensive plan states that "...right-of-way widths will correspond to those indicated in the Thoroughfare Plan (p. 75)." Further- more, section 10 of the subdivision ordinance states that the minimum primary collector street right-of-way width is 100 feet, and that "no variances will be granted on minimum right-of-way widths for public streets". Currently, the 12th Street right-of-way width along the pro- posed unit five frontage is only 50 feet. An additional 50 feet of right-of-way is needed to bring this segment of 12th Street into conformance with the Thoroughfare Plan, Comprehen- sive Plan, and the subdivision ordinance. All 50 feet of the additional right-of-way needs to come from the north side of 12th Street, because the right-of-way is bounded to the south by a 30 foot wide Indian River Farms Drainage District canal right-of-way. The existence and location of the canal and right-of-way is, in effect, a barrier to acquiring future additional right-of-way to the south. In these situations, it is currently the county's policy to add right-of-way from the north side of the street. However, the Planning and Zoning Commission, staff, and the applicant favor holding workshops to effect a county -wide policy for obtaining the necessary street right-of-way along canals. Staff is scheduling a workshop in the third week of July. After a workshop has been held, the Board would be better able to act on this appeal. RECOMMENDATION: Staff recommends that the Board of County Commissioners continue the hearing of this appeal to a time certain in September 1985. Stan Boling, Staff Planner, explained that they wanted this placed on today's agenda so that the applicant would be within the appeal process outlined in the Subdivision Ordinance, and then have it tabled until after the problem of acquiring right-of-way is addressed during the September workshops. Attorney Brandenburg advised that there is no necessity to 30 M`