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SEP 25 1995 DESCRIPTION AND CONDITIONS: BOOK P,� U -E n On August 22, 1985, the Planning and Zoning Commission approved a minor site plan application submitted by Riverfront Groves. Approval was granted to construct a 900 square foot addition to the existing office on the packing house site, situated between U.S. Highway #1 and Old Dixie Highway, on the south side of 49th Street (Lindsey Road). The Planning and Development Division had recommended that approval be given with the condition that the western 7 feet of the subject property be dedicated to the County, as Old Dixie right-of-way, prior to the release of the approved site plan. The Planning and Zoning Commission did not concur with staff's recommendation, and granted the approval unconditionally. The Commission disagreed with the condition based upon the minimal impact the minor addition would have on Old Dixie, and it was their desire to have the issue. of right-of-way dedication as a requirement of minor site plan approval addressed by the County Commission. The Planning and Development Division is therefore appealing the site plan approval. ANALYSIS: During the review process, the Technical Review Committee informed the applicant that Old Dixie is a secondary collector with a required minimum right-of-way width of 80 feet. The section of Old Dixie adjacent to Riverfront Groves has a right-of-way width of 66 feet; therefore, the applicant was told that the western 7 feet of the site would have to be dedicated to the County, prior to the release of the approved site plan. The right-of-way dedication requirement is specifically mandated by Section 23 of the Zoning Code, Site Plan Review and Approval Procedures. The Site Plan Review Standards section of the ordinance states that the County Thoroughfare Plan shall be the standard for dedicating rights-of-way, and the existing right-of-way for this particular section of Old Dixie is deficient according to the requirements of the Thoroughfare Plan. The review standards further state that "the land lying within the proposed development which is necessary to widen or extend roadways to the standards designated in the Indian River County Thoroughfare Plan, or to provide adequate land area for utilities, sidewalks and/or bikepaths shall be dedicated to the County by the applicant prior to the release of the site plan". The applicability section of the site plan review standards states that "the standards established herein shall apply to all site plan applications reviewed pursuant to the procedures of this Code". No differentiation is made between the requirements for a minor site plan approval and major site plan approval with regard to right-of-way dedication. RECOMMENDATION: Staff appealed the site plan approval for two reasons. First, in approving the application without requiring the right-of-way dedication, the Planning and Zoning Commission did not comply with the Site Plan Ordinance. Secondly, the Planning and Zoning Commission encouraged the staff to appeal their decision in order to obtain a clear policy statement regarding required right-of-way dedication as it applies to minor versus major site plans. 57