12/9/1986 - Laserfiche WebLink

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f.. r n DEC V� Boos �', , ba along canals involves right-of-way acquisition only along property opposite the canal side of the developed roadway. Although this may place a substantial burden on property owners who have proper- ty opposite the canal, the owners who have property along the canal have a substantial cost when installing large culverts or bridges over the canal to afford access to their property. Also, density transfers or impact fee credits compensate applicants. dedicating R.O.W. for roads on the County's 20 year capital improvement program. RECOMMENDATION The staff recommends that: (1) the request for special exception approval to construct a dormitory be approved, and (2) the action of the Planning and Zoning Commission be overturned by including an 80 foot right-of-way dedication as a condition of site plan approval. Commissioner Eggert understood that because the road is on the canal right-of-way, staff is afraid the drainage district may take it away some day and therefore, are looking for dedication of an easement along the college right-of-way. Chairman Scurlock felt that we should have some right for that road to exist seeing that road has been paved for a number of years, but Attorney Vitunac believed that we would not get that right-of-way against another public agency. We are there at their sufferance, and their attorney, Michael O'Haire has made it very clear that they can take it away at any time. Chairman Scurlock asked what the objection is to dedicating 80 ft., and Commissioner Eggert asked why 80 ft. is being re- quested if only 61.7 feet is going in there. Planning & Development Director Keating explained that Public Works has done cross sections which indicate that 80 feet is needed to accommodate a secondary roadway and that we would be looking at acquiring.the remainder of the right-of-way to make it a full 80 ft. when those parcels to the east of the dormitory came in for approval. He emphasized that there are two other forms of compensation for right-of-way: 1) A developer can take a credit against his impact fee liability for the value of that right-of-way, or 2) he can choose to transfer the densities to the rest of his parcel for the allowable units which are "" attributable to that right-of-way.