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r <br />MAY 241994 <br />BOOK 9- PAGE 521 <br />affirmative votes are necessary for the Planning and Zoning <br />Commission to take action, the Planning and Zoning Commission <br />failed to grant the appeal. Subsequently, on May 5, 1994, Bruce <br />Barkett filed an appeal of the Planning and Zoning Commission's <br />decision. Pursuant to LDR section 902.07 (see attachment #5), the <br />Board of County Commissioners is now to consider the appeal of the <br />Planning and Zoning Commission's decision. <br />Besides the appeal of that decision, itself, Mr. Barkett has'also <br />requested a waiver from the administrative fees charged by the <br />county for appeals. Since fees are established by a Resolution of <br />the Board of County Commissioners, the fee waiver request was not <br />considered by the Planning and Zoning Commission but will be <br />addressed later in this report. <br />ANALYSIS: <br />•History, Purpose, and Importance of the Road Frontage Requirement <br />Within Indian River County, single family development is the most <br />predominant land use type and has significant impacts. Since each <br />single family unit must be developed on its own, individual lot, <br />single family development regulations apply primarily at the time <br />lots are created. To regulate lot creation, Indian River County, <br />like many other counties, regulates subdivision development and lot <br />splits. Two of the major components of the county's subdivision <br />and lot split regulations are access and traffic circulation. By <br />establishing road frontage requirements for new lots, the county <br />ensures that new lots are properly laid -out in relation to a <br />coordinated and maintained roadway system. <br />For over 20 years, the county has regulated lot splits by requiring <br />that all newly created lots have frontage on a public road right- <br />of-way or a private platted road right-of-way.. This road frontage <br />requirement is similar to requirements of other counties in the <br />region, including Brevard and St. Lucie counties. In fact, St. <br />Lucie County requires that new lots resulting from lot splits front <br />on roads that are paved to county standards. <br />As is the case in other counties, Indian River County's requirement <br />is intended to ensure proper access to newly created lots from a <br />roadway that is a part of an overall, coordinated roadway network. <br />In addition, the requirement ensures that the new lots front on <br />road rights-of-way that: <br />(a) Are maintained by the county or by a property owners <br />association that has maintenance responsibility; and <br />(b) Are properly dimensioned and aligned in a manner that allows <br />future improvement (e.g. paving) of the roadway; and <br />(c) Are dimensioned and legally established in a manner that <br />accommodates future utilities and drainage improvements within <br />the rights-of-way. <br />Thus, the road frontage requirement ensures that future development <br />on created lots can be served by roadways that are adequately <br />maintained, that are capable of being improved, and that are served <br />by utilities and drainage. <br />The road frontage requirement was originally enacted to prohibit <br />,the creation of new lots where those lots would be inadequately <br />served by narrow, unmaintained roadways laid -out without county <br />review and approval. This prohibition is intended to minimize <br />76 <br />