4/19/1999 - Laserfiche WebLink

Home Browse Search

The Planning and Zoning Commission and the Professional Services Advisory Committee have considered all of the amendments listed above, and have made recommendations to the Board of County Commissioners. Those recommendations are noted for each proposed amendment in the analysis section of this report. The Board of County Commissioners is now to consider each amendment and is to direct staff to make any desired changes to the amendments. In response to Board direction and to any form and sufficiency comments from the County Attorney's Office, staff will prepare a revised, "final" ordinance document for the Board to consider at its May 4, 1999 meeting. Each LDR amendment is contained in the proposed ordinance. The following sections contain an analysis of each amendment. 1. Murphy Deed Reservations ■ Background on Murphy Deed Reservations In the 1930's, large acreages of land were vested in the State of "Florida due to unpaid taxes. Subsequently, the State, when it issued deeds back to private owners, reserved unto itself 100' of right-of-way on each side of the center line of any abutting state road that was in existence as of the date of the deed. The State's practice of reserving these rights-of-way was based upon the 1937 Murphy Act. Such reservations are known as Murphy Deed Reservations. During the 1930's, 40's, 50's, and 60's, when the State issued deeds with the reservations, there were a number of roads under state jurisdiction. Many roads that were State roads in the past, and for which Murphy Deed Reservations were established, are now county roads. Such roads include 2r, 43rd, 901 Avenue, Oslo Road, and many others. Although these are now county roads, there are Murphy Deed Reservations over some of the properties that abut these roads. It should be noted that, even along county roads, the State alone has the authority to release Murphy Deed Reservation area. The release request process involves formal application with the State. The State seeks county public works staff input for any release adjacent to a county road. It has been the State's practice to release reservation area along county roads, if the county supports such a release. Thus, the county has significant influence regarding such release requests. Over the last few years, the county has sought to research, identify, and assert its Murphy Deed Reservation rights. For site plan projects affected by Murphy Deed Reservation areas, such areas have been treated as rights-of-way, and setbacks have been applied and measured from the reservation line. When reviewing a reservation release request, the county's policy is to retain only reservation area needed to meet right-of-way standards. Thus, in making reservation release decisions the county equates reservation area -with right-of-way area. On September 1, 1998, the Board of County Commissioners affirmed the policy of treating reservation area the same as right-of- way area for setback purposes, and directed staff to amend the LDRs to reflect this policy. ■ Proposed Amendments As a result of the September 1998 decision of the Board of County Commissioners, four existing LDR definitions are proposed to be amended. These definition changes will codify the Board's stated policy of treating Murphy Deed Reservation areas the same as road right-of-way. One implication of that policy is that building setbacks are now measured from reservation lines, the same as measuring setbacks from right-of-way or property lines. April 19,1999 3 BOOK i0' PAIGE n5