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  Growth Management Report     12. 1.    
BCC Regular Meeting Action  
Meeting Date: 05/25/2017  
Issue:    Acceptance of Temporary (Five-Year) Restriction from Development of Property and Acceptance of Property for Corridor Preservation - Briar Ridge, LLC
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
Recommendation Concerning the Acceptance of Temporary (Five-Year) Restriction from Development of Property and Acceptance of Property for Corridor Preservation - Briar Ridge, LLC

That the Board authorize staff to proceed with the process of accepting/acquiring the donated property.
BACKGROUND:
Briar Ridge is the owner of a 93-acre parcel of land in the County. Briar Ridge has submitted land use applications to change the Future Land Use category for approximately 56 acres of land from Industrial to Mixed Use-Suburban and to change the zoning district from Industrial to Low Density Residential.

The County adopted Ordinance 2007-81 in December 2007, known as the Corridor Preservation Ordinance, for the purpose of preservation of a transportation corridor which would serve to connect the areas surrounding Nine Mile Road and Beulah Road and Interstate 10. Briar Ridge's property is subject to the Corridor Preservation Ordinance.

The County, in conjunction with its transportation consultant, has determined through preparation of the Alternative Corridor Evaluation Report that said transportation corridor, if developed, will foreseeably follow Isaacs Lane, a County maintained dirt road located adjacent to the property owned by Briar Ridge. The County has determined that 104.5 feet of right-of-way is needed if a four-lane highway is to be constructed. Briar Ridge recognizes the Corridor Preservation Ordinance and would also benefit from construction of the transportation corridor. The public would benefit from construction of same.

Briar Ridge wishes to donate the westernmost 50 feet of property for use in construction of a transportation corridor if the property is in the Mixed-Use Suburban Future Land Use Category and the Low Density Residential zoning district at the time of the donation. Briar Ridge further agrees to preserve the westernmost 50 feet of their property in the portion remaining zoned Industrial and to work cooperatively with the County or other government entity, if needed, in the future for development of the transportation corridor.

The County previously entered into an Agreement with Briar Ridge whereby the County agreed to accept the donation of land and the temporary restriction from development on the subject parcel in furtherance of the purpose and intent of the Corridor Preservation Ordinance.
BUDGETARY IMPACT:
No budgetary impact is anticipated.
LEGAL CONSIDERATIONS/SIGN-OFF:
This item has been reviewed and approved for legal sufficiency by Meredith D. Crawford, Assistant County Attorney.
PERSONNEL:
No additional personnel are required.
POLICY/REQUIREMENT FOR BOARD ACTION:
N/A
IMPLEMENTATION/COORDINATION:
N/A

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