For new roads on new alignments, an approximate alignment is established that maintains the continuity of the corridor and minimizes adverse social, environmental, and economic impacts of the transportation project. This approximate alignment forms the basis for setbacks, which may be later reduced administratively up to ten percent if necessary to accommodate the right-of-way needed for the specific alignment per the engineering study and design. Mitigation Measures Mitigation measures include density/intensity credits and clustering provisions to accommodate development rights, and right-of-way dedication (Sec. 5.11.08). The code also provides for interim use of reserved land (Sec 5.11.09) and allows the County to waive certain provisions if application would prevent all economically beneficial use of the property (Sec. 5.11.10). Additional details are provided below. • Density/intensity credits: The code allows for on-site transfer of development rights from that portion of land designated for the corridor to the remainder of the site, based on the gross density or intensity allowable on the site prior to any set-aside for future right-of-way. Variances from up to ten percent of site design standards may be granted administratively if necessitated by the increased net density or intensity of the portions of the site receiving the development rights. • Clustering: Clustering of structures may be allowed to preserve the full development rights of the property while siting structures to avoid encroachment into the corridor. Administrative approval to reduce setbacks between buildings within a project site, reduce buffers within a site, or variances from other site design requirements may be granted for this purpose. The provision “is not intended to reduce perimeter buffer yards designed to ensure compatibility of proposed development with adjacent uses.” • Interim Use: Interim use of land within a future corridor may be permitted to preserve some economic use of the land until it is needed for transportation purposes. The uses must be permissible in that zoning district. In addition: o The applicant must agree to relocate uses directly related to the primary use (e.g., parking, entry features, stormwater retention facilities, temporary sales or leasing offices), elsewhere on the site and beyond the setback area at their expense, specify the terms and conditions of the relocation, including timing, and identify and reserve relocation sites. o The County may, at their discretion, agree to incorporate any stormwater retention into the future transportation facility design and assume maintenance responsibility for it, provided the land is donated to the County. o Uses not directly related to the principal use that do not involve substantial structural improvements (e.g., outdoor storage, agricultural uses, etc.) may be allowable on an interim basis where they are allowed by the underlying zoning and the applicant agrees to discontinue them by a specified date as a condition of the preliminary or final development order. Staff indicate that although density/intensity credits and clustering are available options, they have rarely if ever been used in practice, although interim use allowances for site-related features are commonly provided. In the past, applicants were provided impact fee credits for constructing a road or conveying land to the county. However, this practice was discontinued as the impact fees were heavily discounted and the value of the dedicated right-of-way greatly exceeded the fees paid to offset
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