3/2/1993 (2) - Laserfiche WebLink

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SECTION 19: This LDR change was initiated by staff and involves changes to the county's current marginal access road and easement requirements. 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 #16). 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 has determined that the current easement requirement is legally indefensible in most cases unless the property owner is compensated. Therefore, staff is proposing to eliminate all requirements for granting marginal access easements to the county. Furthermore, the changes, as proposed, do not require that marginal access connections be perpetually maintained as open for free access and circulation. The proposed amendment, however, would still require the actual construction of interconnecting driveways and "stub -outs" to adjacent property lines. Also, the proposed changes reformat the marginal access section for clarification. In considering this proposed amendment, members of the PSAC expressed different opinions as to whether or not the physical construction of stub -outs should be required or if merely the design of such stub -outs be shown on site plans. After much debate, the PSAC voted to recommend that the Board of County Commissioners modify the proposed ordinance to require design of stub -outs and interconnections but not to make actual construction mandatory. However, staff and the Planning and Zoning Commission recommend that construction be required, as currently required in the wording of the proposed ordinance. Therefore, the PSAC and the staff/Planning and Zoning Commission recommendations differ on this Proposed ordinance. SECTION 20: This amendment was initiated by the PSAC and is patterned after an existing Nanatee County ordinance. The amendment would essentially "waive" the normal 508 of assessed building value repair/reconstruction threshold applied to nonconforming structures if any area of Indian River County is declared to be a disaster area. The intent of the amendment is to allow the reconstruction of structures in their former location in the event of a large-scale disaster in order to speed the county's recovery from such a disaster. This proposed amendment will in no way modify state or federal (e.g. FENA) reconstruction requirements. SECTION 21: This LDR change was initiated by staff to grant a special status to roadways that have been maintained by the county for a long period of time but which are not officially platted or dedicated road rights-of-way. An example of such a roadway is 7th Road S.W. which parallels the Lateral "J" canal south of Oslo Road and has-been maintained by the county for approximately 30 years. The amendment would allow lot splits (not subdivisions) off of such roadways. SECTION 22: 'This amendment was initiated by staff and would allow developers of small site plan projects (projects generating less than 100 AADT) to delay construction of required parking area paving improvements for up to 24 months by bonding -out for the future paving. The intent is to reduce some of the upfront construction costs for small projects (construction costs versus bonding -out costs) while ensuring that paving improvements are made 9 BEAR - 2 1993 BOOK �� FBF 980