PASCO COUNTY

                             TRANSPORTATION CORRIDOR

                             MANAGEMENT ORDINANCE                   

 

 

What does the Transportation Corridor Management Ordinance mean to you?

 

On June 29, 2004, the Board of County Commissioners (BCC) adopted Resolution No. 04-212 establishing the typical roadway sections for collector and arterial roadways.

 

On May 10, 2005, the BCC adopted Transportation Element Policies 2.3.1 and 2.3.2, a Transportation Corridor Preservation Map, and Tables 7-4a and 7-4b of the Comprehensive Plan which established Transportation Corridor Preservation requirements for roadways and intersections within Pasco County.

 

On August 23, 2005, the BCC adopted Ordinance No. 05-39, the Right of Way Preservation Ordinance, which adopted a new Article 319 of the Land Development Code (LDC) entitled Transportation Corridor Management.

 

Site Development Plan Review

 

At the time of site plan or other land use approval review the applicant will be advised of any additional right-of-way that may be required to comply with Transportation Corridor Management requirements.  The additional right-of-way is generally measured from the existing centerline of the right of way unless it is otherwise defined by a PD&E or route study.  The applicant will also need to provide for drainage/retention, wetland, and floodplain mitigation for the ultimate cross section to be contained within the Transportation Corridor.  The required dedications must occur at record plat, construction plan approval where a record plat is not required, or within 90 days of the County’s request.

 

 

Remedies and Relief for a Property Owner

Affected by the Transportation Corridor Management Ordinance

 

  1. Density Transfers from the Transportation Corridor to the remainder of the site (Section 319.5)

 

  1. Interim Uses (Section 319.6)

 

    1. Permitted Interim Uses in association with a Development Plan

·        Stormwater Retention or Detention to serve the development.

·        Parking areas that cannot be relocated elsewhere on the development site

·        Entry features such as signage, architectural features, fountains, walls, and the like.

·        Temporary sales or lease offices for the development

·        Landscaping, in residential zones, as an alternative standard  provided that a minimum of ten (10) feet of the required landscape buffer be located outside the Transportation Corridor

 

Interim uses can be approved with the condition that the applicant agrees to discontinue and remove or relocate the interim use when right of way acquisition for the roadway is scheduled.  An agreement, which specifies a Termination Date, shall be required. 

 

Relocation areas are required to be shown on the development plan.

 

    1. Other Permitted Interim Uses not associated with a Development Plan

·        Residential Zone (*)

v     Recreational facilities, not including the required parks, buffers or other required open space.

v     Produce stands or markets, farmers markets, and the like.

v     Agricultural uses, such as pasture, crop lands, tree farms, orchards, and the like, but not including stables, dairy barns, poultry houses, and the like.

·        Commercial Zone (*)

v     .Boat shows, automobile shows, RV shows, “tent” sales, and the like

v     Periodic events such as festivals, carnivals, community fairs, and the like

v     Plant nurseries and landscape materials yards, excluding permanent structures.

v     Storage yards for equipment, machinery, and supplies for building and trade contractors, and similar outdoor storage.

v     Golf-driving ranges.

v     RV or boat storage yards.

(*)Interim uses shall only be permitted in a specified district if such use is permitted by the underlying zoning district or Comprehensive Plan Future Land Use classification, whichever is more restrictive.

 

Interim uses can be approved with the condition that the applicant agrees to discontinue and remove or relocate the interim use when right of way acquisition for the roadway is scheduled.  An agreement, which specifies a Termination Date, shall be required.

 

Buffer yards may also be required in order to ensure compatibility.

 

 

Interim uses shall not be assessed Transportation Impact Fees.

 

Interim uses may be required to enter into a License and Maintenance Agreement and Right-of-Way Use Permit(s).

 

  1. Administrative Variances (Section 319.10.A.)
    1. Items eligible for Administrative Variances:

·        Minimum lot sizes reduction up to 10% under the applicable Zoning District

·        Minimum buffer yards required under the applicable Zoning District up to 10%

·        Minimum setbacks required under the applicable Zoning District up to 10%

 

    1. Administrative Variance Procedures:

·        Application made to Development Services Branch

·        Letter of Requested Administrative Variance

·        $100.00 Application Fee

·        Sketch or concept plan

·        Summary of area required to be dedicated for the Transportation Corridor

·        Summary of  lot area reduced if request is granted

·        The area to be reduced shall not be greater than the area to be dedicated for the Transportation Corridor

 

  1. Variances (Section 319.10.B.)
    1. Typical Variance Requests

·        County or Florida Department of Transportation (FDOT) does not need Right-of-Way being requested.

·        Additional Interim Uses not allowed by Section 319.6, LDC

·        Other LDC provisions for the remainder of the site that are not allowed to be processed as Administrative Variances.

 

    1. Variance Procedure

The procedures contained in Section 316, LDC shall apply.  All variance applications shall be submitted to the Development Review Division (DRD).  The DRD shall distribute the Variance Request to the appropriate division for processing.

 

  1. Dedication Waiver/Compensation Request (Section 319.9)
    1. Generally only used for compensation or illegality claims
    2. Application Requirements

·        Appraisals (See Section 319.9.B.2. and 3. for requirements)

·        Traffic Impact Study (See Section 319.9.B.3. for requirements)

·        List of transportation mitigation provided or required to be provided by the development

    1. Compensation

Must be recommended for compensation by the Development Review Committee and approved by the BCC.  Forms of compensation are in Section 319.9.D.

    1. Procedure

The procedures contained in Section 316, LDC shall apply.  All Dedication Waiver applications shall be submitted to the Development Review Division (DRD).  The DRD shall distribute the Dedication WaiverRequest to the appropriate division for processing.

    1. Deadlines are contained in Section 319.9

 

  1. Dedication by Easement Allowed (Section 319.8)