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Works demonstrates that the westbound turn lane is not warranted, then the turn lane improvement will not be required by the County. At the Planning & Zoning Commission public hearing, residents expressed concerns related to construction traffic (especially truck traffic) using 37th Street from the east, since such access could adversely affect turn movements at the 37t1i Street/58th Avenue intersection. The applicant indicated that he would direct heavy construction traffic using 37th Street to come from 66th Avenue (the west). Consistent with the PZC's recommendation, a condition has been incorporated into staff's recommendation that limits heavy construction traffic using 37th Street to access the project from the west (66th Avenue). 13. Utilities: Connection to public water and wastewater are required and proposed by the applicant. These utility provisions have been approved by the Health Department and the County Department of Utility Services. 14. Dedications and Improvements: The following dedications and improvements are required by the LDRs or have been provided through the PD process to adequately address vehicular and pedestrian traffic circulation regulations. Ultimate Road Right -of -Way for 33rd Street: As indicated earlier in this report, the applicant has agreed to dedicate an additional 20' of road right-of-way without compensation for 33rd Street. The dedication will need to occur prior issuance of the project's first LDP. Ultimate Road Right -of -Way for 58th Avenue: As indicated earlier in this report, the applicant has agreed to dedicate an additional 40' of right-of-way without compensation for 58th Avenue. The dedication will need to occur prior to issuance of the project's first LDP. Murphy Act Easement: The portions of the site adjacent to 58th Avenue and 37th Street are subject to Murphy Act easements for right-of-way. A Murphy Act easement is an easement for right-of-way established by the State through the 1937 Murphy Act, at a time when many current county roads were state roads. Based on that act, in the past, when properties were sold by the State for not paying taxes, an easement for road right-of-way was reserved. Murphy Act easements still exist along various segments of Thoroughfare Plan roads and may be used as road right-of-way. The property adjacent to 58th Avenue has a Murphy Act easement that extends beyond the limits of the Thoroughfare plan ultimate right-of-way for 58th Avenue. Along the project site's 37th Street frontage, there is a Murphy Act easement located on the south side of the Indian River Farms canal and none of that easement is needed for 37th Street ultimate right-of-way. Staff has no objection to releasing the entire 37th Street easement and the portion of the 58th Avenue easement not needed for the 58th Avenue ultimate right-of-way. The conceptual PD plan is designed based on the proposed easement releases. Prior to issuance of a land development permit, the applicant must obtain release of the entire 37th Street Murphy Act easement and the portion of the 58th Avenue Murphy Act easement that extends beyond the 58th Avenue ultimate right-of-way. F:\Community Development\CurDev\BCC\2014 BCC\HarmonyReservePD-14-06-05ConcepRpt.rtf 11 142