8/6/2002 - Laserfiche WebLink

Home Browse Search

right-of-way swap, however, such proposed improvements cannot be guaranteed via a condition of any abandonment action taken by the Board. Because the applicant proposes to sever the U.S. 1/01d Dixie Highway connection, access to the rear of the Fender property from the north via Old Dixie Highway will be physically eliminated. To compensate, the applicant proposes to leave the segment of Old Dixie Highway from C.R. 510 north to the Fender property intact to maintain physical Old Dixie Highway access to the Fender parcel. Any such arrangement would involve access rights retained by the County or granted to the Fenders. According to the County Attorney's Office, the Board has the discretion to grant the abandonment request because such abandonment would not eliminate all access for the Fender property; their property would still have U.S. 1 frontage and access. To serve the Graves and Fender properties with Old Dixie Highway access, the Board could retain a public access easement over the existing pavement of Old Dixie Highway from C.R. 510 north, at least until the sites are redeveloped. • Staff and Utility Provider Review: Per guidelines established by the Board of County Commissioners, this petition was reviewed by all county divisions utility providers having jurisdiction or potential interests within the right-of-way, and the Florida Department of Transportation. All reviewing agencies and departments have recommended approval of the requested abandonment with the condition that the entire right-of-way be retained as a drainage and utility easement. In addition, Traffic Engineering has indicated that the abandonment should be conditioned on the applicant: Changing the full median opening on U.S. 1 at 85th Place to a directional median opening, allowing the southbound left tum movement only. • Modifying the existing geometries, signs and/or pavement markings at the intersection of C.R. 510 and Old Dixie Highway to accommodate removal of the north leg. Although the right-of-way abandonment cannot be approved with conditions, the applicant has agreed to both of these "conditions" Recently, the Attorney's Office indicated that such `conditions" could be covered via a contractual arrangement to guarantee performance of certain items by the applicant. Such a contract could be structured to release the applicant from performing the work and meeting any other conditions if the Board does not approve the abandonment. • Traffic Circulation The subject segment of Old Dixie Highway is not on the County's Thoroughfare Plan, therefore, Old Dixie Highway right-of-way is not needed for the County's Thoroughfare system. Where the subject segment of Old Dixie Highway intersects with C R. 510 and U.S. 1, there is a need for additional C.R 510 and U.S. 1 right-of- way. Through this abandonment, the county could retain the ultimate right-of-way AUGUST 6, 2002 68