1-3-24 PB Agenda Packet - Laserfiche WebLink

Browse Search

Proposed Access and Transportation Network Improvements The Project is proposing access via the existing access easement to Millhouse Road. Based on the application and total number of trips to be generated, a TIA was not required per Section 6.18.2 of the UDO. A Grant of Easement and Assignment of Lease for the existing access easement within the property was recorded in 2008 between the property owner at that time and Crown Castle. Attachment 5 includes a letter detailing the applicant’s legal right to the access easement, which cannot be confirmed by staff at this time. However, the county conducted deed and title research on this property in 2008, when it was a potential purchaser of the property. The county determined that Crown Castle retains a perpetual easement on the property for access to their tower that grants them explicit rights to construct and maintain their tower and first rights of refusal if all or a portion of the easement area is sold. Crown Castle has not provided comment on this application despite requests from both the applicant and County Planning staff. The existing offsite access easement is located on property owned by Orange County. Due to the aforementioned access concerns, and in response to the proposed use of the existing easement as a commercial driveway to serve the applicant’s use, the County, specifically the Department of Environment, Agriculture, Parks & Recreation (DEAPR), requested a condition of future access road construction through its property from the applicant and the applicant has not agreed to the request. The applicant’s response to DEAPR’s request is contained in Attachment 5. As found in correspondence from DEAPR (Attachment 5), the request outlines the following: If this proposed rezoning were approved, the County as landowner of the future park site that contains the access easement would request that the applicant be required to work with the County and the tower owner to reroute the access easement / new commercial driveway, to minimize the isolation of sections of the future park and the resultant safety issues that would exist if the current location were kept. Given the fact that the construction of the facility is planned to be less than five years away, we would not be inclined to pursue the interim solution you offered using the current access location. We believe that all would be best served by addressing the needed relocation of the access sooner rather than later. Summary of Transportation Information Existing Roadway Characteristics Affected Roadway Millhouse Road Type of Roadway Local – 2 lane undivided Current Roadway Capacity 10,000 Latest Traffic Volume Estimated 2,500 Traffic Generation Number of Trips Expected to be Generated by Proposed Project 308 Total Daily 107 Total AM Peak 107 Total PM Peak Proposed Utilities Water and wastewater services will be provided via a private well and septic system that meet Orange County Environmental Health standards. 72