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DESCRIPTION & CONDITIONS: At its regular meeting of August 6, 2002, the Board of County Commissioners considered the above referenced request and tabled further consideration to the August 20, 2002 Board meeting. The Board tabled the request to provide time for the applicant to work- out an access issue with an adjacent property owner (Mr and Mrs. Fender) and to provide a written agreement which would spell -out the applicant s commitments for various items if the Board grants the request. After the August 6th meeting, the applicant discovered that there would not be a full Board at the August 20`h meeting and asked to have the request re -heard at the September 3, 2002 Board meeting. Staff agreed, notified the Fenders and re -advertised for a public hearing on September 3`d. The delay has given the applicant more time to coordinate with the Fenders and supply staff with a letter of agreement. The Board is now to reconsider and act on the request in a public hearing. ANALYSIS: Planning staff's analysis and recommendation remain the same as contained in the staff report for the August 6th Board meeting (see attachment #1). Subsequent to the August 6`h meeting, the applicant met with the Fenders' attorney to resolve issues regarding access to the Fender property. As of the writing of this report, the parties have not yet resolved these access issues. However, the applicant has indicated a willingness to provide "Old Dixie" access from C.R. 510 to the Fender property, if the Old Dixie Highway right-of-way is abandoned. In addition, the applicant continues to commit to items described at the August 6`h meeting, namely: the C.R. 510 and U.S. 1 right-of-way dedication/swap, the U.S. 1/85th Place median modification, and removal and restriping of the northern portion of Old Dixie. The applicant has now provided a letter of agreement outlining these commitments, which are contingent upon approval of the nght-of-way abandonment request. That letter, along with a copy of the right-of-way deeds now held in escrow, are attached (see attachments #2 & 3). SUMMARY: Planning staff continues to recommend that the Board deny the applicant's request for the reasons in the original staff report. Those reasons are that granting the abandonment would result in loss of a historic resource, and elimination of a southbound access from U.S. 1 to the rear of the Fender property which the Fenders still object to at this time. It should be noted that planning staff's position differs from that of Public Works, which supports the abandonment request subject to the right-of-way and traffic improvement commitments. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners deny the request to abandon its rights to the subject right-of-way. ATTACHMENTS: 1. Staff Report for the August 6, 2002 Board Meeting 2. Applicants Agreement/Letter of Commitments 3. Copy of Deeds Currently Held in Escrow September 3, 2002 56