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POLE. .L.� The Board is now to consider these amendments and is to direct staff to make any desired changes to the ordinance. In response to Board direction, and 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 a public hearing during its regular meeting of February 15, 2000. ANALYSIS: Defining Yards That Abut Limited Use Rights -of -Way as Side Yards For many years, the county LDRs have defined every yard that abuts a "...street right-of-way..." as a front yard. "Streets" are defined in the LDRs as providing for "...vehicular traffic..." as well as other complementary uses such as utilities, drainage, and sidewalks. Thus, a parcel's frontage(s) on public and platted street or road rights-of-way that provide for vehicular traffic is used to determine the location and number of front yards for that parcel. For example, a parcel at the corner of two street rights-of-way has two front yards, one on each street frontage. Within front yards, relatively large front yard setbacks are applied (e.g. 20', 25', 30', or 50' depending upon the zoning district). Under the current LDR definitions, after determination of a parcel's front yard location(s), the rear and side yard(s) can be determined. For years, as a policy, staff has determined that yards abutting drainage district canal rights-of-way do not abut "street rights-of-way" and are treated as side yards, with side yard setbacks applied (e.g. 10', 15', 20', or 30' depending upon the zoning district). Thus, there is a current staff policy to treat non -vehicular rights-of-way differently from street rights-of- way for yard and setback purposes. Recently, public works staff approached planning staff regarding the use of certain existing platted county rights-of-way for drainage and utility improvements only; prohibiting the use of these certain rights-of-way for general vehicular traffic. Specifically, public works staff has proposed to use certain "paper" side -street rights-of-way in Vero Lake Estates as stormwater management areas and has asked planning staff to determine how setbacks should be applied to yards that abut such non- vehicular rights-of-way. Based upon staffs policy regarding yards that abut drainage district rights-of-way, and discussions with attorney's office staff and public works staff, planning staff has determined that the LDRs should be amended to specifically address yards that abut non -vehicular rights-of-way. Planning staffs analysis is that front yard setbacks, which are greater than side yard setbacks, are appropriate to separate buildings from streets that provide for existing and/or future vehicular traffic. It is also staff's analysis that the lesser side yard setbacks are appropriate to separate buildings from canal and drainage rights-of-way. Some separation is needed between canal/drainage rights-of-way and buildings due to the types of improvements and maintenance activities within such rights-of-way. However, in staff's opinion, side yard setbacks are sufficient in such cases because canal/drainage rights-of-way are not as intensely used as sheet rights-of-way. Furthermore, staffs experience over the years with buildings that abut drainage district rights-of-way indicates that side yard setbacks are necessary and sufficient along such non -traffic rights-of-way. The proposed LDR amendment would define limited use rights-of-way as rights-of-way restricted to non -vehicular traffic uses such as pedestrian, drainage and utilities improvements and maintenance. The amendment would also define as a side yard any yard that abuts a "...limited use right-of-way". Such limited use rights-of-way would be specifically designated as such, on a case by case basis, by the Board at a public meeting or hearing. The effect of this amendment would allow, via reduced setbacks, greater use of properties that abut any rights-of-way that the county decides to designate as limited use rights-of-way. February 1, 2000 50 • •