SUBJECT:
Title
Atlas Tranquility Park - Improvement Plan 000635 - Waiver Request to Improvement Plan in Review
Parcel #: 39279-026-00, 39279-028-00, 39279-000-01
#WaiverPIR-000946-2026
Tillman and Associates Engineering, LLC
LDC 6.12.2 Right-of-way
CODE states A. Right-of-way shall be platted or dedicated, meeting the minimum right-of-way width established in Table 6.12-1, to provide for the necessary access and other needed infrastructure improvements supporting the proposed development. Right-of-way can be provided by easement if approved by DRC.B. Along adjacent arterial and collector roadways to the proposed development, as established in the adopted Comprehensive Plan Functional Classifications Map, the existing pavement centerline of the adjacent road shall be the reference line used to determine the needed right-of-way on each side of said centerline. C. When right-of-way is provided and is not directly related to mitigating impacts caused by the proposed development, the developer may be compensated in a manner acceptable to both the developer and the County consistent with one or more of the following, subject to approval by the Board upon review and recommendation by the DRC:(1)The Board may enter into an impact fee credit agreement with the developer based upon the fair market value of the provided right-of-way,(2)The Board may enter into an agreement with the developer establishing that the project property remains eligible for the development of the equivalent densities or intensities calculated based upon the pre right-of-way dedication acreage,(3)The Board may enter into an agreement with the developer reducing the property's typically required right-of-way setback and/or buffer in relation to the provided right-of-way,(4)The Board may enter into an agreement with the developer allowing the provided right-of-way be accepted in lieu of off-site improvements caused by the development.
APPLICANT requests a waiver to allow a 30-foot right-of-way with a 15-foot easement on each side (60-foot total).
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