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REQUEST TO SUSPEND A PORTION OF THE LDRs: MARGINAL ACCESS EASEMENT Community Development Director Bob Keating presented the following memo dated January 4, 1993: TO: James Chandler County Administrator gobert ION HEAD CONCURRENCE: of gA, M. Keatin , A Community Develolpmen irector FROM: Stan Boling ICP Planning Director DATE:. _January 4, 1993 SUBJECT: Request to Suspend a Portion of the LDRs: Marginal Access Easement Requirement It is requested that the data herein presented be given formal consideration by the Board of.County Commissioners at its regular meeting of January 12, 1993. BACKGROUND For many years, the county has required developers to install segments of marginal access or frontage roadways (driving aisles as well as roads) in conjunction with development of commercial projects that front on major roadways. The marginal access roadways serve to interconnect parking areas and allow business customers and the general public to travel short distances between commercial sites without the need to re-enter the adjacent major roadway. The usual result of the requirement has been the "stubbing -out" of a parking lot driving aisle to adjacent property boundaries (see attachment #1). Along with the installation of the marginal access roadway, developers have had to dedicate "marginal access easements" to the county and to adjoining property owners to ensure that the interconnecting driveways remain open for free access between sites. Based upon current case law, the county attorney's office advises that the current easement requirement is legally indefensible unless the property owner is compensated. It is the opinion of the county *attorney's office that until the Board of County Commissioners amends the LDRs dealing with marginal access, it should-Vuspend the marginal access -easement requirement. Based upon the attorneys office advice, staff now requests that the Board of County .Commissioners, by motion, suspend application of the current LDR requirement regarding marginal access easements. ANALYSIS Attorneys office and county administration staff agree that the marginal access requirements and resulting interconnection of parking areas serves a valid public purpose and benefits the public as well as most business patrons (and thus, business owners). Furthermore, attorneys office staff are of the opinion that the design and construction of interconnecting driveways can be legally required. However, the county cannot legally require an easement or require that interconnections be perpetually open for free access and traffic circulation without compensation. 61 BOOK 88FAGF. J