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BOOK 2 L [ y"C <br />Planning Director Stan Boling noted that staff is <br />recommending, approval of this special exception with two <br />conditions: 1) That there is a dedication of right-of-way along <br />43rd Avenue subject to compensation by the County; and, Z) That <br />the developer establishes either a conservation easement or <br />dedicates funds to meet the County's upland set aside policies, <br />which would be finalized at the time of final site plan approval. <br />Commissioner Scurlock understood it is our standard policy <br />that if it is not site related, the County will compensate for <br />the dedication of right-of-way. <br />Attorney Vitunac noted that the issue of the first 60 feet <br />is going to court this Thursday, so it may change again if we <br />lose. The outcome wouldn't change us paying for it, however. <br />Commissioner Scurlock felt that if there is an impact from <br />the site, the court will rule in our favor. It has to be non -site <br />related; and if there is a special benefit to the property, there <br />is no question about whether or not the County can require it as <br />a land use requirement. <br />Attorney Vitunac confirmed that to be the case, and Director <br />Keating explained that in addition, there might be circumstances <br />which would allow additional right-of-way if it is site related; <br />for example, if signals or turn lanes were needed or if intersection <br />improvements were needed as the site dictates. <br />Commissioner Scurlock felt the Commission's goal has been to <br />pay everyone fairly for what we are taking from them and include <br />that in our impact fees as a cost of doing business, and the <br />Board iiiclicated their agreement to that policy. <br />Chairman Eggert opened the Public Hearing, and asked if <br />anyone wished to be heard in this matter. There being none, she <br />closed the Public Hearing. <br />18 <br />