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L� <br />In accordance with the Transportation Plan, Old Dixie Highway <br />serves as the access road for those properties lying between <br />U.S. Highway 1 and Old Dixie Highway. The purpose of this is to <br />limit the number of curb cuts on U.S. Highway #1, while <br />providing a means of adequate access to individual parcels of <br />property via Old Dixie Highway. The implementation of this <br />policy will contribute towards the maintenance of an adequate <br />level of service on the major north/south roadway through the <br />County. <br />It is the position of the Public Works Department and the <br />Planning and Development Division that it is crucial that the <br />policies established by the Comprehensive Plan be maintained. <br />Should access to U.S. Highway 1 be permitted, it is staff's <br />opinion that a precedent would be set, and it would be difficult <br />if not impossible to limit access to the arterial in the future. <br />RECOMMENDATION: <br />The Planning staff recommends that the action of the Planning <br />and Zoning Commission be upheld and that the appeal be denied. <br />Margaret Mann, Attorney representing Bill Law, emphasized <br />that the site plan was turned down primarily because of an access <br />dispute. The Planning Department took the position that Mr. Law <br />must utilize the secondary road, Old Dixie. However, the site <br />plan that is being appealed today does not even front on Old <br />Dixie, the frontage is only on U.S. #1. The Planning Department <br />has said that since the back parcel is owned by a corporation of <br />which Mr. Law happens to be the President, he has control of the <br />ownership. Legally, that is incorrect, because in order to have <br />control of a corporation you have to be a major stockholder of <br />that corporation, not just an officer. Attorney Mann stated that <br />Mr. Law is not the majority stockholder in that corporation; he <br />does nothave control of that corporation; and he does not have <br />control of that back parcel. She believed the issue is not <br />relevant to the site plan which Mr. Law has submitted for <br />development of the parcel fronting on U.S. #1, and urged the <br />Board to reverse the decision of the Planning & Zoning Commission <br />and grant the site plan as submitted. <br />Assistant County Attorney Bruce Barkett reported that the <br />ownership had been reviewed by the Legal Dept. and it was found <br />that the consideration for that back parcel was less than $100 <br />45 <br />BOOK <br />SEP 18 1985 o� UL <br />