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r BOOK x.08 PAGE 16 1 To date, five approvals have been granted using the referenced LDR provisions. Those approvals relate to the following roadways: 1. "Hedden Place" (south side of SR 60, across from the Indian River Mall entrance): serves 19 parcels. 2. "Flora Lane" (south side of SR 60, 62"' Place): serves 22 parcels. 3. "Bel-Aycres Road" (south side of 86 Street, across from Glendale Elementary): serves 7 parcels. 4. "Gracewood Lane Extension" (east end of platted Gracewood lane): serves 2 parcels. 5. 61' Court (south side of 4P Street): serves 7 parcels. All but "Bel-Aycres Road" are unwed roads that could have shifted to some degree over the years from previous alignments. With the O'Ha= application, however, a noticeable shift has occurred which raises the question of how criterion a. (above) should be applied. Criterion a, is intended to "grand -father -in" private roadways that existed prior to the date that the county first enacted a road frontage requirement. That date was December 8, 1973. The policy question is whether or not the physical roadway being "grand -fathered -in" can be aligned differently from its December 8, 1973 alignment, and if so to what degree. It is reasonable to assume that most unpaved roadways shift alignment over the years, and to allow customary shifting. Such has been the county's experience even with regularly graded unpaved roads. Some roadway shifting can be beneficial for reasons of traffic safety or circulation or preservation of trees or environmentally sensitive lands. It is also reasonable to require that a physical roadway that is to be "grand -fathered -in" originate from and be in the same general location as the historical roadway. The subject roadway has the same beginning point at SR A -1-A and the same ending point at the O'Haire residence as it did in 1975 (see attachment #2). In staffs opinion, the subject roadway has been noticeably shifted, but originates from the historical physical roadway and is located in the same general location on the overall site. The Board has alteratives in clarifying LDR Section 913.06(c)2. The clarification could require that, at the time of administrative approval, the subject physical roadway being "grand -fathered -in" be: Located exactly in its December 8, 1973 alignment. Located in close approximation ( f 3 feet for straight roads, f 10 feet for curved roads) from its December 8, 1973 alignment. Originate from and be generally located in its December 8, 1973 alignment. Alternative #1 would prove difficult to determine and would appear to be practically impossible to satisfy based upon past experience of minor shifting of unpaved roadways. Alternative #2 could reasonably allow for "minor" shifts over time that appear to customarily occur on regularly graded roadways, such as graded county roads. Neither alternative #1 nor #2 would allow for more "purposeful" re -alignments for safety or preservation purposes. Alterative #3 would allow a significant degree of re -alignment and flexibility but would not allow creation of an entirely different roadway in a new location. Whichever alternative the Board chooses, staff will initiate changes to LDR section 913.06 to codify the policy. Staff recommends that the Board clarify its intent regarding LDR Section 913.06(c)2 by: Approving alternative #3, above; and 2. Directing staff to initiate an LDR amendment to codify the clarification. JANUARY 19, 1999