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r- APR 21 ilu7 BOOK 68 TO: DATE: FILE: The Honorable Members of April 14, 1987 the Board of County Commissioners APPOINTMENT OF A DESIGNEE BY THE BOARD OF COUNTY COMMISSIONERS TO ACT ON • SUBJECT: THEIR BEHALF IN EXECUTING RESERVATION OF ROAD RIGHT- OF-WAY AGREEMENTS BETWEEN INDIAN RIVER COUNTY AND DEVELOPERS OF PROPERTY WITHIN THE UNINCORPORATED PORTIONS OF THE COUNTY FROM: REFERENCES: Bruce Barkett board row Assistant Count Attorney DAVE It is requested that data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of April 21, 1987. DESCRIPTION AND CONDITIONS: On August 20, 1986, the Board of County Commissioners approved Ordinance #86-63 which amended Section 23.1 "Site Plan Review and Approval Procedures" and Section 23.3 "Site Plan Review Standards", of Appendix A of The Code of Laws and Ordinances, known as the Zoning Code. That portion of the Ordinance which amended Section 23.3 permits applicants for minor site plans who are proposing developments along streets and roads lacking sufficient right-of-way as required in Sec. 23.3(D), Relationship to Transportation System, to make arrangements for the provision of their share of the deficient right-of-way through reservation of the needed right-of-way in lieu of dedication. In reserving the right-of-way the owner of the property involved in the s i to p I an agrees to se 1 I the reserved port i on of the s i to to the County at such time as the additional right-of-way becomes necessary for roadway improvements or widening. The owner further agrees not to place within the reserved portion of the site any improvements which would add additional value to the property, or which -are required for the principal use of the site. Such uses might include parking and drainage facilities. The owner may continue to utilize and maintain any existing site related improvements located in the reserved area at the time it is reserved. ANALYSIS: The reservation of right-of-way is a bindingagreement between the Developer and the county which requires that the agreement must be accepted by the County and acknowledged by the signature of an official representative of the County prior to the recording of the.document. Up to this time the acknowledgement was sought from the Board of County Commissioners. Because most applicants are hesitant to reserve right-of-way prior to site plan approval, and the time involved in arranging for the agreement to be reviewed by the Board, a considerable delay between the time the site plan is approved and actual construction may commence can be lengthened by as much as two weeks to a month, or more. It would be possible to accelerate the acceptance of road reservations by the County through the appointment by the Board of a Designee authorized to enter into reservation agreements on behalf of the County. Two possible designees would .be the County Administrator or the Community Development Division Director. The County Administrator would probably wish to discuss particular cases with the Community Development Division Director. 18