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5/5/1992
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5/5/1992
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
05/05/1992
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The second two criteria allow the county to approve a request to <br />amend the land use map only if a mistake or oversight was made <br />during plan preparation, adoption, or amendment. In this case, the <br />subject property's land use designation was changed by the plan <br />amendment adopted to implement the county/DCA compliance agreement. <br />In negotiating this compliance agreement, county and DCA staff <br />reviewed aerial photographs, identified active agricultural areas, <br />and located undeveloped lands to determine areas for density <br />reductions. The subject property was carefully considered, as were <br />all areas in the vicinity. <br />Despite careful consideration during the county/DCA compliance <br />negotiation process, staff feels that a mistake or oversight did <br />occur. It is staff's position that the oversight or mistake <br />involved a failure to consider the effect of delineating a major <br />roadway as the urban service area boundary, when that boundary <br />serves as a major utility corridor. While county staff <br />acknowledges that the subject property was carefully considered in <br />relation to urban sprawl, agricultural preservation, and <br />residential allocation issues during the compliance negotiation <br />process, it is staff's position that 58th Avenue's function as a <br />major utility corridor and its effect on the subject property was <br />not considered at that time. <br />Subsequent to approval of the county/DCA stipulated settlement <br />agreement, the county recognized that major water and sewer lines <br />were programmed for installation on 58th Avenue. As a result, <br />properties on both sides of and within 1/4 mile of 58th Avenue will <br />have all of the public infrastructure necessary for including the <br />property in the urban service area. In fact, staff feels that it <br />would be inefficient to have major utility lines within a road <br />right-of-way and not allow those lines to serve adjacent <br />properties. It is staff's opinion that an oversight occurred <br />during compliance negotiations, because both DCA and county staff <br />failed to consider that programmed water and sewer service for 58th <br />Avenue would justify including the subject property within the <br />Urban Service Area and assigning the property an urban land use <br />designation. <br />This utility corridor issue not only affects the subject property; <br />it also affects all similarly situated lands. For that reason, <br />staff feels that the Urban Service Area boundary must be examined <br />on a large scale. Specifically, all corridors where major water <br />and sewer lines are programmed must be examined and adjacent <br />properties considered. In order to provide for this review, staff <br />proposes that the Board of County Commissioners adopt new Future <br />Land Use policy 1.37. This policy provides for a county sponsored <br />corridor study and urban service area boundary analysis. As <br />proposed, policy 1.37 reads as follows: <br />Future Land Use Policy 1.37. By 1993s, Indian River County <br />shall conduct a corridor study for each roadway which serves <br />as an urban service area boundary. A corridor includes road <br />right-of-way and property within one-quarter (1/4) mile of - <br />both sides of the right-of-way. The Rings Highway (58th <br />Avenue) Corridor is hereby designated as a high priority <br />corridor study area. For each corridor studied, the analysis <br />shall identify programmed infrastructure improvements, <br />particularly water and sewer lines. Where water and sewer <br />lines are planned for installation within the right-of-way of <br />a roadway serving as the -urban service area boundary, the <br />study will examine the financial, environmental and physical <br />impacts of providing urban services to land on both sides of <br />the right-of-way. Based upon the study results, the existing <br />urban service area designation and land use plan designation <br />for lands within the corridor will be assessed, and necessary <br />changes will be identified. Any identified changes shall <br />address the need to reduce the size of the Urban Service Area <br />(USA) boundary depicted on the Future Land Use Map in order to <br />75 <br />MAY 0 5199 <br />
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