Agenda item #1 at this weeks BCC meeting on 10/27/22 will consider a change to the Land Development Code that exempts 30A from right-of-way deficiency requirements, based on current (unwritten) policy.
Proposed Change:
The proposed ordinance accomplishes several objectives with one of the proposed changes being:
- Exempts County Road 30A from right of way protection requirements consistent with practice.
5.04.06. Right-of-Way Protection.
A. Purpose. The purpose and intent of this section is to protect the public right-of-way needed for future transportation improvements and provide a minimum width or area to be protected when an easement or right-of-way may exist that is less than the minimum width or area required by this article.
4. Exceptions to Setback Requirements.
f. County Road 30-A is exempt from these standards and right of way protection does not apply.
Here are the pertinent facts:
- 30A is classified as a Major Collector roadway (per 2013 Adopted Walton County Existing Roadway Functional Classification map)
- The required minimum right of way protection area width for Major Collector roads is 110 feet (per LDC 5.04.06)
- Existing 30A ROW width is variable – 66,70 or 100 feet
- Based on current LDC requirement for a 30A ROW deficiency protection area of 110 feet:
- 100-foot ROW deficiency is 10 feet, or 5 feet either side of the roadway centerline
- 70-foot ROW deficiency is 40 feet, or 20 feet either side of the roadway centerline
- 66-foot ROW deficiency is 44 feet, or 22 feet either side of the roadway centerline
- If the proposed LDC change is approved the ROW deficiency protection areas do not apply to 30A and development approvals are based on existing ROWs
- Building setbacks are measured from the applicable ROW. For 30A the front setback is 20 feet for single family residences (per LDC 5.00.03).
- A 20-foot scenic corridor setback is also required for most zoning districts, but that is not in addition to the building setback (per LDC 6.10.01)
Questions:
- Why would the county want to give up ROW entitlements in a highly congested area?
- Why has the county not enforced a regulation that has been part of the LDC for a long time?
- Why would the county want to codify a detrimental change to the LDC based on the sole justification that it is current practice?
Examples:
- Current practice for 70 foot ROW – Building setback is 55 feet from roadway centerline (half of ROW plus 20 foot building setback)
- LDC requirement for 70 foot ROW – Building setback is 75 feet from roadway centerline (half of 110 foot ROW allowance plus 20 foot building setback)
If you are concerned about this proposed change, please contact the Commissioners:
Meeting Details:
Meeting to be held on Thursday, October 27th at 9am in the Freeport Board Room, Freeport Commons, 842 State Highway 20E, Suite 118, Freeport.
