10/31/1985 - Laserfiche WebLink

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OCT 31 1985 BOOK 62 nr�F 604 expanded on the side of the road opposite the canal in all but a few circumstances. In some circumstances, the counties have been able to utilize canal rights-of-way via agreements with drainage districts. In every one of these cases, canals were piped and use of extraordinary improvements proved to be more cost-effective and less disruptive than buying and removing - houses and other structures impeding normal acquisition. Also, in these cases, drainage district rights-of-way exceeded 40' in width, allowing the drainage district some flexibility. It should be noted that in Indian River County, canal rights-of-way are usually only 30' wide. Staff has determined and analyzied a number of alternatives to the current policy and the extent to which these alternatives can achieve desired objectives. The County's current policy is generally more effective than the other alternatives, yet does not equitably distribute the burden of right-of-way dedication/acquisition. This equity problem can be addressed by adopting policy alternative #2, wherein impact fee credit compensation is made available to land owners from which extraordinary dedications are required. The compensation would come from the traffic impact fee fund to be built from fees provided by projects on both sides of a road. Thus the equity problem would be resolved by the implementation of an impact fee ordinance. It should be noted that Palm Beach, and recently Martin County have adopted traffic impact fee ordinances. St. Lucie County is presently considering one. All three counties are applying impact fees to right-of-way acquisition. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt alternative #2, by continuing the present policy of acquiring right-of-way, in accordance with the Thoroughfare Plan, with the following additional actions. 1) Adopt an impact fee ordinance to help fund a long-range road improvements program that will achieve the goals and objectives of the Thoroughfare Plan. 2) Compensate property owners for right-of-way dedications that are in excess of 50a of the right-of-way deficiency. 3) Arrange for compensation to take the form of traffic impact fee credits and possible compensation from the impact fee fund. 4) Allow deviations from the Thoroughfare Plan right-of-way widths only when a proposed` road project involves an area of existing development that constrains the use or acquisition of a full right-of-way. In such cases extraordinary design and improvements, such as curb and gutter drainage with exfiltration trenches, may be employed to fulfill the function and purpose of the road as described in the Thoroughfare Plan. 18