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_ ® M <br />Due to the fact that Riverfront Groves submitted the application <br />under the current Site Plan Ordinance, staff is recommending <br />that the appeal be granted, the Planning and Zoning Commission <br />decision be overturned, and the recommendation of the Planning <br />and Development Division be enacted. Staff also recommends that <br />the Board set a specific policy regarding right-of-way <br />dedication, and if a differentiation is to be made between the <br />dedication requirement for minors and majors, instruct the staff <br />to pursue amending the ordinance. <br />Director Keating summarized that the applicant only wanted <br />to put up a 900 sq. ft. office addition, but the new site plan <br />ordinance does not differentiate between minor and major site <br />plans in terms of right-of-way requirement. The property has <br />frontage on Old Dixie; there is 66' of right-of-way there, but it <br />is a secondary collector and the Comprehensive Plan says it needs <br />80'. Therefore, the applicant needs to dedicate half of the <br />deficit or an additional 7' of right-of-way. The Planning & <br />Zoning Commission approved the site plan without requiring that <br />dedication, and staff appealed their decision, on the advice of <br />the Planning 8 Zoning Commission, to have this issue clarified by <br />the Commission and some policy set. <br />Commissioner Scurlock believed staff is saying don't put <br />any more in a bag that is already full. However, the <br />reasonableness of whether the roadway can ever be expanded in the <br />future is also a consideration, and until we have a workshop, we <br />cannot come up with a recommended policy that can be applied <br />consistently. Commissioner Scurlock did not feel we can say <br />carte blanche that we are not going to look for the right-of-way, <br />but we do need some criteria. <br />Chairman Lyons asked the County Attorney whether it is the <br />law that the right-of-way be obtained because if it is, he <br />believed the Commission is charged with upholding the law. <br />Attorney Vitunac noted that the law in question is a local <br />ordinance, and he believed the issue is whether we want to <br />58 <br />BOOK FA'H <br />