Minutes 09-15-2020 Virtual Business Meeting

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76 analysis is based on. He said if development were to go over that threshold, it would trigger a new traffic pattern analysis. Commissioner McKee said he received wonderful advice when he was originally elected, and that was he needed to be able to count to 4, as 4 votes are needed to pass a motion on the BOCC. He said he does not see 4 affirmative votes at this point. Commissioner McKee said he has four questions, for which he would like definitive answers. He said it was his understanding that DOT was still an obstacle to the signalization of the service road, or the intersection with the off ramps. He asked if DOT is still an obstacle. Michael Birch said he does not know because the Applicant submitted a new plan idea to the DOT this week, and does not yet have an answer back. Commissioner McKee said this is not Michael Birch's first rodeo, and does he have an impression as to whether DOT is open to discussion Michael Birch said yes, he thinks DOT is open to the discussion. Commissioner McKee asked if all the cost of any signalizations/intersection improvements, less the acquiring of the land, is going to be picked up by the development. Michael Birch said yes. Commissioner McKee said the Applicant has mentioned talking to land owners and making offers. He asked if the previous aerial photo could be put up (which it was). He identified a specific plot of land on the photo, and asked if that specific landowner had been contacted, and an offer made. Michael Birch said inquiries have been made, but the property owner has not responded. Commissioner McKee said this is not his understanding of the situation, after speaking to the landowner on Friday. Michael Birch clarified that the homeowner's response was that he would get back to the Applicant. Commissioner said there are 10 properties that abut 86 from the service road to Davis Road. He asked if Michael Birch could identify which property owners have been contacted, and had offers made. He said he does not need specifics, but just wanted to know how many of the remaining 9 properties have had offers made. Michael Birch said there is one large property that runs north-south between the site and all 10 of these properties on 86. He said numerous offers have been made to that landowner, in order to make a connection to one of the 10 on old 86, to no avail. Commissioner McKee read an email from one of the property owners on old 86 stating that the property owner, and its immediate neighbors, has not been contacted at all about selling, despite the ideal nature of the land to allow access to old 86. Commissioner McKee said he understands there is a north south property, and he is aware he is spending the Applicant's money, but the Applicant needs to be aware that four votes are needed to make this work. He said he wants to see this land developed, as it has sat for almost 40 years. He said part of that delay is due to the County failing to provide the necessary infrastructure, but someone is going to develop it. Chair Rich asked Michael Harvey if he would pull up a picture from his PowerPoint presentation, showing the land parcels in greater detail. Commissioner McKee pointed out the property that may be a good option to expand the additional turn lane. He said the large north south portion of land is the hold up. Commissioner Greene said it is her understanding that when DOT does a partial taking, it has the right to take the land with a fair value offer. She said if all can mutually agree to extend that timetable, it would allow for the land to be secured so that Davis Road is not part of the equation. She said she does not see the need for the zoning to have conditions attached to it. John Roberts said Commissioner Greene's understanding of DOT land acquisition is correct. He said once DOT transfers money to a bank account, it has the right to the land. He