7/26/1988 - Laserfiche WebLink

Home Browse Search

1. release the Moorings Center site plan prior to securing dedication/reservation of the 10' of S.R. A -1-A right-of-way, and 2. revise the ordinances to require dedications or reservations only where T.I.F. credits are available or where density transfers are used. It is the position of the Planning Department that the Thoroughfare Plan must be implemented. The Thoroughfare Plan is an integral part of the Comprehensive Plan: rights-of-way facilitate the roadway, drainage, and utilities improvements necessary to support existing and planned land uses. If it is the opinion of the County -Attorney's office that the 20 year, C.I.P. horizon is the probable legal limit of the County's regulatory authority regarding rights-of-way, then the- County must review regulation or program options that can ensure that the Thorough- fare Plan rights-of-way and corridors are protected or acquired. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Direct staff to suspend application... of the existing road reservation requirement on. sites where no T.I.F. credit or density transfer credit can.be given; 2. Direct staff and the County Attorney's office to draft ordinance amendments to bring right-of-way reservation/dedi- cation requirements within the limits now determined to be legal; 3. Approve the requested site plan modification subject to the condition that in lieu of construction the developer escrow funds with the County in an amount adequate to cover future construction of an 8' bikepath along the site's entire S.R. A -1-A frontage; and 4. Schedule a workshop to consider alternate means of acquiring or protecting all right-of-way corridors depicted on the Thoroughfare Plan. Planner Boling noted that staff and the Board have worked a long time on the R/W issue, and the law seems to be evolving on this issue. The crux of the problem relates to equity. In this particular instance the problem is that the traffic impact fees are tied to the 20 year Capital Improvement Pian and not the build -out Thoroughfare Plan. The proposed Moorings Shopping Center is located on South A -1-A, which is not on the 20 year improvements program. When the Moorings came in with their site plan, they showed a 10' dedication along with the required bike path within that 10' strip, but when they realized no traffic impact fee credit was available, they challenged the reservation requirement of the ordinance and said it was a "taking" denying them the reasonable use of the 10' strip. AU216 1988 15 BOOK .6 rn 261