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Managing corridor development


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Managing corridor development a municipal handbook
Physical Description:
1 online resource (67 p.) : ill. ;
Williams, Kristine
Marshall, Margaret A
University of South Florida -- Center for Urban Transportation Research
Center for Urban Transportation Research, College of Engineering, University of South Florida
Place of Publication:
Tampa, Fla.?
Publication Date:


Subjects / Keywords:
Right of way   ( lcsh )
Traffic engineering -- Management   ( lcsh )
Urban transportation -- Management   ( lcsh )
non-fiction   ( marcgt )


Statement of Responsibility:
Kristine M. Williams, Margaret A. Marshall.
General Note:
"October 1996."

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University of South Florida Library
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University of South Florida
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All applicable rights reserved by the source institution and holding location.
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aleph - 029078104
oclc - 748689325
usfldc doi - C01-00401
usfldc handle - c1.401
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Managing corridor development
h [electronic resource] :
b a municipal handbook /
Kristine M. Williams, Margaret A. Marshall.
[Tampa, Fla.?] :
Center for Urban Transportation Research, College of Engineering, University of South Florida,
1 online resource (67 p.) :
"October 1996."
Description based on print version record.
Right of way.
Traffic engineering
x Management.
Urban transportation
Marshall, Margaret A.
2 710
University of South Florida.
Center for Urban Transportation Research.
i Print version:
Williams, Kristine.
t Managing corridor development.
d [Tampa, Fla.?] : Center for Urban Transportation Research, College of Engineering, University of South Florida, [1996]
w (OCoLC)41407710
Center for Urban Transportation Research Publications [USF].
4 856


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------------MANAGING CoRRIDOR DEVELOPMENT A MUNICIPAL HANDBOOK Kr istine M W illiams, AICP M argare t A Marshall CUTR Center for Urban Transportation Resear c h College o f Engineering, Unive rsity of South F lorida C>CUTR October 1996


2 Note to Users The conten t s of thi s repor t reflec t the views of the authors wh o are r espo 1\.siblc for the facts and t he ac<:uracy of th e information presented herein The report dOL-:.s no t c onstitute a s tandard, specification,. or regulation Local govemmen t s should seek professional plan ning and legal assistance in developing a corridor management program. Coordination with th e Department of Transportation. the planning organization, and other affected t ransportation agencies is strongly recommended.


-----CONTENT S Ch a pltr 1: lntrod l.lctiOn .................. .... .... 5 What is Corridor Management V.'hy is Corridor Important? V>'hy is it Difficult to Protect Future ROW? The Importance of Collnboration ChapleT 2: Planning 9 Corridor Designation Establishing Priorititi COrridor Studies and Plans Thoroughfare Plans Aa:ess Management Plans Involving the Public Intergovernmental CoorcliJUJtion C hopter 3: Updating Regulations ....... .............. 17 Adopt a COrridor Ordinana! ... Update Zoning and Subdivision R.gulalions Incorporate Corridor Management into IJe'\relopment Review Consider a Temporary Moratorium Chapter 4: P reserving Right.ofWay .............. 21 Maps of Reservation Mapped Streets Ordinoru:ible or Ouster Zoning Overlay Zones Chapter 5: Rlgllt.ofWay AcquWtion ---31 Eminent Domain and Condemnation Excess Condemnation Early Aoqu.i.sition Options to Purch ase Purchase of Development Righ t s Chapter 6: Access Management ..... ....... ...... 3 7 Benefits of Acc and Intent Provid e Mitigation Measures to Offset Hardship Apply a Reasonable Reservation Period Dedications and Exactions Guidelinos for Regulating Access The Florida Private Property Rights Protution Act Chapter9: Co ndusion ........ .. -.................. SS Gloss.axy of Tenns .............. ... ....................... 57 For F urther Information.... ......... ................ 61 Florida's1995 Corridor MAnagement Legislation-------65 3




---------------------------------------------------CHAPTER ONE INTRODUCTION Th e chaU. enge of managing corridor devel opment lies in the dynamk interaction between transportation and land use. The land use plan used to predict transportation needs inevitably changos as new highways stimula t e real estate speculation, rezoning, and growth. At the same time, competing demands on the corridor may damage long term transportation and development objectives. New development may foreclose opportunities to expand or interconnect roads where n eeded. Build .. ings may be constructed to o dose to the roadway. Thoroughfare frontage may be subdivided into small lots or -Strip zoned for commercial develop .. ment, with little attention to access control. Poorly coordinated a ccess systems force more trips onto the arteriaL traffic conflicts multiply, and congestion increases. Road improvements areneededsooner than expected, and the cycle begins again. Transportation and land use problems are interde pendent and require coordinated solutions. One solution is better collaboration between the agencies invo lved in transportation and development p lanning Another solutioni s to integrate corr idor management into local development planning and regulation. What is Corridor Management? Corridor management encompasses preservation, advance and access management techniques It involves the application of measwes to: prevent or minimize development within the right-of-way of a planned transportation facility or improvement, acquire r ightof way well in advance of struction need, and preserve the safety and efficiency of existing facilities through access management. Florida planning law definos corridor management as ''coordination of the planning of designated future transportation corridors with landuse planning within and adjacent to the corridor ... (Chapter 1633 !64( 30), F.S.). Why is Corridor Management Important? Corridor management promotes orderly develop ment of a transportation netv.ork to serve land development. This helps to assure that transporta tion facilities will be adequate to serve existing and planned deve lopment thereby maintaining concurrency as required under Florida growth management law. Effective growth monogement hinges on the ability to integrate tronsporlotion ond land use decisions. Corridor management is one such strategy. The Transportation-Land Use Cycle 5


Failure to adequately preserve or acquire property for needed transportation facilities seriously impedes the ability of government s to pion for f u ture growth 6 Corridor management benefi t s communities taxpayers and property owners reduci n g propert y d amage and displacement of h omes and bus i nesses, minim i zing envi r onmental, social, and ceo nomi c impacts of t h e corridor, preven ting for eclosure of desirable locations, permitt i ng orde r l y projec t development. and reducing the costs o f tr ansportatio n fac i l iti es.' The private sector benefits from greater cla r i t y of public intent i ons regard ing the l ocation and timing of roadway improvements and the desired l evel of access control This reduces risk ass ociated with timing and phasing of d eve lopment p r ojects. It a lso enables developers to plan projects and site-re la!

------------ Why i s i t Difficult t o Protect Future Right-ofWay? A problem associated with the o f future transportation r i ght-of-way is uncertainty of th e precise l oca tion or alignment and whether the fcility will ultima t e l y be constru cted. For fede r a lly fund'd. . constituents When o governmen t reQUires lond UncetfJIJn futul9 rignmen t Although o dedications, cond,mns or 1-e.s.tricb locol govemment .moy be reody t o initiate : access,the Interest of private property ownetS Is corridor prasllirvo.tion strotegies or be finon. challen ged Cltir.e,ns moy oppose: a prop osed dolly pmpo'i e d .tc> begin p01 l n qao$0d further wit h t h o pos ;. than ,jhe long term. eoonomlc borie. llb of . 5990 of tho F l orid a J>riopei-ty R ights Act. '' tronsportcition'improvcmonts. Concerns .. may As a result, m.ony ore apprehensive to . arise ove r loss o f dovo lopmGnt potentia l fully oppl r ight-of ;woY.. p r0tection where a .soibsf9ntiol amoun t of rlght-of-woy is. ar hd116 decllled no t to ock>pt corMor need'e d : If' a pro[eCI is proposed In llle fut u re regulotioos until l ogo issues' ore local olfl.cials must weigh the pub&c .cl a new roodwoy oonido' o9oii!SI the o

Developers who participated in a focus group on corridor management concluded thot the key to successful prolectioo of future tights-of-way and the expansion of existing rightsof-way /is/ advanced plann ing of corridor locatio ns, eatly negoti ations with lond owners, and involvement of both local government and FDOT in the process. 11 8 P'loltl.'ived ellects o n economic development. Environmental groups work to minimize environmental damage from corridor projects And the general public has an interest in da:isions that affect community development and local quality or lile With so mnny groups and ilg:encics influencing the proc ess, and the practica l problems that may arise, corridor management is a continuing challenge Interagency conflict, political i mpasses, privat e law s uit s, and public oppos i tion can d e l ay or der-ail the proc.., ond greotly incrcose the cost o( provid ing transporta tion facilities. M eaningful public involvement euly in projtct planning and broad c-ollabor.ation throughout decision-making help ovoid costly dclo ys down the road. R efere n ces AmMan Aseoc:Yti<>n o( State Highway and TraJ'ISf:IOC" rarian Offlclals. R

CHAPTER TWO PLANNING Corridor management requires collaboration betv.een the agencies invo l ved in transportation and land usc planning. Coordinated planning can slTeamline project deve l opment., increase opportunities to preserve needed right-ofway, and aelerate rightof-way acquisition. To advance these goals, the 1995Fioridalegislature established a new direction for: corridor management in Florida. 'This chapter explores the legislative changes, the roles of various agencies in the process, and other planning c o nsiderati.on.s related to corridor management. Corridor Designation tn 1995, state and local planning Jaw in Florid a was amended to promote an expanded local role in managing corridor developm ent. The intent was to coordinate transportation and land use planning through local comprehensive plans. Rather titan designating corridors for preservation in the Florida Transportation Plan, the law calls for designation of corridors in local comprehensive plans, consistent \'lith growth management policy. The amendments also shilled the policy emphasis from "corridor protection'' to "corridor manage ment." The new term reflected the desired empha sis on providing for compatib le development along designated corridors, as opposed to strictly limiting development. Roles of various agencies in carrying out the process are described below. The State Role The Florida Department ofTransport.>tion enacted a new Corridor Management Procedure in 1 996, consistent with the l egis l ative changes. The pur pose of the procedure is to establish a pl'()cess to: guide districts in identifying high-priority tTansport.>lion corridors for purposes of corridor management; encourage local governments t o designAte corridors and adop t corrid.or management ordinances; facilitate development of District work programs; monitor land developmen t activity in desig nated corridors; at1d fulfill requirements leading to advance right of -way acquisition. Under the n e w procedure, each FOOT District prepare s a Corridor Management Report tha t identifies high-priority corridors in the District and documents the need fo r including those corridors on the Department's Corridor Management List. Corridor Management Lists are based on ap prov e d Corridor Management ReportS and allow each DislTict to prioritize projects and begin development of Distri ct work programs. Coordinated planning con streamline projec t development, increase opportunities to preserve needed right of-way, and accelerate right -ofway acquisition. 9


10 Highway Improvement Process Systems Planning i Programming Project O.V.Iopment and Environment Procell (PD&E) Design Construction T ransportation needs analys i s in state, metropol itan and local pJans Coordination between FOOT. MPOs. l oca l governments Identifica tion o f areawide oorriclor-level projects MPO Transportation I mprovement Program FOOT T ransporta tion I mprovement Program Loca l Cspitsl l m provement Program F easibility study Corr i dor location and pre li minary des ign Environmental review Project engineering and design P lans. spec::ffications, eand estimates Rig ht-of-way acquis i tion p lan Acquisition negotiations wit h property owners Settlements Emin ent Domain proceed ings, if oocessary Bids received Con t ract awarded Construction lnspecl)on Com pjetion At thi s point, the Dis trict may begin conducting project development and environmental (PD&;E) stud i es Under federa l and state requirements, eminent doma i n may not be initiated until the PD&E repo rt is comp le t e and right -of-wy acquisition is schedu l ed. By help ing to expedite th e PD&E process for priority projects, the n e w dor management procedure i ncreases oppor tu n i w ties for advance acquisition of r ightof-way TI\e legislatio n also allows the FOOT to acqu ire any withi n a locally designated corr idor at an} tim e, where i t is in the public interest to prot ect the corridor from development or when the corridor designation creates an undue hardship on the proper ty owner. This is to certain res t rictions as described in Chapter 5 (see E orl y A c quis i t i on) Jt is importan t t hat FOOT take a leadership role in promo t ing designation of statetransporta tion co rridors i n loca l co mprehens ive plans. Local go, emments need t o b e informed of the new p r oced u res and i ss u es, a s well as pro j ects p rop05ed in thei r a r ea FOOT Districts could take the foll ow ing step s upon i dentif) ing a potential corridor or widen ing project: Mt'et with the jur isdi c t i on(s) in w hich the r ightof-way is located t o discuss the issue and identify con-cerns of bo t h parti es Ini tiate a plan amendment either as t he appli cant or in support of the j u risdiction as appli cant. Participate fully in local work s h ops and publ ic hearings regarding th e propos e d p lan amend ment z


---------------------The Role of MPOs MetropoUtan plaMing organizations (MPOs) can play a leadership role in corridor mMAg!d MPOs to work toward greater consistency of transportation plans and programs with local land use plans. Mell'OpoUIAn transportation plans oould include an element that addresses the need for corridor management and measures to be pu.rtued. MPOs can also provide technical assistanc e to local governments on corridor management and facili tate stare and l ocal coordination. For example, MPOs could assist in developing procedwes for monitoring development activity in designated corridors In i!lddition, MPOs can raise local aware ness of the need for corridor management and encowage action. Ttanspomtion improvement programs are a tool for coordinating theconidordesignotion and manogement activities of the respective local governments and FOOT. Specific corridor studies, such os those described later in the chApter, can be included in the MPO work program to provide a focal poin t for agencies and municipalities to join in evalUAting needs and establishing corridor manngcment measures. The Local Role Loc:a1 gO\...,.., IS establish lhe foundation for conldor management in the comprehensive plan. This can be accomplished by designating corridors in the transport.> lion element of the comprehensive plan; enacting goals, objectives and policies that advance corridor management; and including a future ll'ansportation map that depicts the location and width of designated corridor rights-of-way. The plan should include local corridors, as well as corridors identified in the FOOT Disbict corridol' management reports, project development studies, major investment studies, rail corridor manage ment plans, or other r elated plans and studies. According to statute, corridor designations may be amended without the ooncunenceofFOOT. If a designated corridor is part of the State High way System, the l ocal government is responsible for notiiying Ute FOOT before approving any rezon ing, building permit, s ubdivision change, or other permitting activity that would substantiAlly impair the future v iability of the corridor for transporta lion pwposes. According to statute, local govern rnents will not be held liable for failing to notiiy FOOT of the described land use changes. However, timely rommunication on these issues is important to of corridor management effoots. When FOOT is notified of pending development approval, it can deiermlne whether to pw-cbase the affected property or initiate eminent domain proceedings. Batly monitoring of conldor develop rnent activity also provide.< the Deparbnent an opportunity to ldentiiy problem.< and n egotiate acceptabl e altemntives. Loc:a1 participation in corridor designation and management Is not mandatory; however, Rule 9)-5 of the FloddaAdrninistrative Code requires governments to Include objectives and policies for right-of-wa y p.--rvation and access control in their comprehensive plan (Rule 9) -5 .019(4 ), F.A .C). Contdor Management Policies iii the City of Oriando Objec:llw 1 11-The C1ty shall establish a priori .ty schodule for tha protection of rights-ofway needed for t ranspo rt ation system lmpmvement$. Polley 1 11 .1The City sholl review through the Technicol Review Committee pcocess oil proposed devel_o!>monls for conoislenq wah future rood projects planned in the Troflic C1rc:ulotion Element in ooler to prated needed : PGUcy City's Major Thor oughfore Pfon, cis doplclod i n the Lond Development Codo, sholl be usetf os .. the for acquisition onet reserva tion of righ!s,of -woy, ond for ravlew of all developmont proposals ond subdivision plots. Polley 1.5.3--'(he 0ty shall lhe ol the Mojoi lhorovghfore Nelwooods without the nec:..s.ity ol using the mojoi thotoughfore system 11


In addition. designation of corridors in the local comprehensive plan is a statutory precondition to adopting a transportation corrido r management ordimnce (so.! O..pter 3). E s tab lishing Priorit i e s A variety or factors may be considered when determ i n ing tr anspor t atio n i mprovement priorities. Thes.J includ e saf ety ex i s ting deficiencies, level of servi ce, environmenta l iss u es, physica l o r policy cons tr aint s, required righ t -ofway needs, and contrib u tion of the facility t o continuity of th e tr ansportation sys t em. Corridor Planning In Hartford Tho Capi tol R egio n Council of Governments (CRCOG)-tho metropolitan planning orgonizotion for tho HortfO

------------------------------for integrating right-of way preservation and access management into local regulatoty practice, and to explore complementary land use s tr ategies An access management plan with concepts for reducing access problems may also be prepared for segments of t he affec t ed corridors Thoro ughfare P la n s Thoroughfare or trafiicways plans establlsh future transportation routes and prioritize impro\ etnents to the existing street network. Thoroughfare planning involves detailed analysis of the operation and management of maj or thoroughfares in a city or county. Topics include existing and needed traffic vol umes and congestion, accident rates and safety hazards, d esign deficien cies, and land use issues. In a thoroughfare pian, roadways are classified according to function, from l ocal roads to arterials and highways, an d t h e genera l alignment is map ped. Right-of way needs are estab li shed and ordinances are adopte d to p reserve future right-of way along mapped corri d ors and advance acces s management objectives. A c cess Mana gement Pla n s An access man a gement plan is a l ong-range p lan ning guide that coordinates access to public roads with surrounding developmen t s The plan can either identify future access points along a planned facility, or provide a c cess management solutions to prob lems along an existing highway. Access management plans: improve range planning for highway access; Broward County Trafficways Plan Broward County, F l orida, has established o countyWide P lanning. Council p romot e coordinateQ, comprehensi ve, long-range p l onn ing th roughout the County thr ough the j o i n t cooperation o O d pa;i1icipotion of oiJ loco! governments, public Officiol s1 and pfivote citizens.N The Co 'uncll encomposses tvtenty-nine local governments and addresses probfGms, such as traffi c Congestion and Sol i d waste d isposa l !ho i conno l be monoged effectivel y by o s ingl e jufisdidion. T h e .. o TrofficwoYs. P lan for reserying fvtur e tr a n s p ortation The p i o n is implemented t h r ough County and municiP,al review t o 'ens.Ure that plats o n d other deve l opm e n t proposals se t aside land f or rig h t -of-way i n aCcordance with the Trofficways Plan . . t o a mend the p lan o r e reviewed for avai lability of right -of-way, s y s tem -cop<>clty, land use iffipods, a n d o ther tonside(ofi ons The COunty Trofficwoy_ s Review G r oup-Compr ised of staff from .County, the F I Qrido Deportment of T r onsporto l ion, and the South Flofido Regional Council-' pi'ovides comments t o Council staff, wl'iich subinits o .recommendation 'tO 1he Counp ci l Use/Trofficwoys Committ ee. The full Col!nt;:il tokesfinol..oction. Althov9h r i ghi p of-woy d e d iCotio11 is tered on a voluntary roth er than mandatory bas i s the Trofficwo)'S Plan p r og r am has been highl y successful. Keys t o success include early consultotioiJS with flexibility .in allowing reasonable to 'the p l a n and equal on the. Couni:::jl. $ > . . __ ,_+ .... -+ --. I -:-..--C'-A&&FtCA,o...., .._ liY' MBOL _,._,..D ....... ---.... ---.

provide a cohenly OCGe$$ "' quoner points between med"oon openings, ond polic:ies on driveway spoc ing. In oddifoon, o syotem of poro llel (\../ access roods wos fclanned to provide 1 alternative occoss or higher intensity I i i i development. Despite pe,iodic. pressur es ,'-. ;)-t o ptovide exceptions1 City staff hove I I I '"""' I 1d been lorgelv successful in achiev ing tha -.J I I I I -" 1 l ... i h I access management objectives. Reasons /" include consistenc y o f reco mmendations, T I adequate preparat ion and ono lysi s of p roposed deviations, adherence t o _./ 11/111 Jt '-.... rt.1 jj"" I princ.iples o f good occeS"" -I odic refresher sessions o n the pio n f o r ./ -"-"; public officials, ond o willingness to .. roll with tha punc h /.. -.. N So..otu: Moot t Sh...c.Wi. "ltlalofld ol i I ,../ l.ocelt A(Un heWe'l'u11:11!iOHtlt!!t .I$0M,.-....,_1996-1 4


host sp, AprU 18, "1996. 2 Florida Oepa.rtm.ent of Transportatio.t\, Com'r MAmrgement Ttdmical R.t:porl, prepared b) FOOT Office of l )o licy Planning, Parsons Urinkerhof, Apgar and Pelha.o,, 1996. 'Koepke and. Levinson, NCI{J(P /!qJcrl 348: A<=S Management CllideJ{nt'$ for Actiuity Ctnters, Washington D. C.: Natio nal Ac-ademy Pre!iS, 1992, p p 24-2 6 4 of the 'Department of Tra.nsportation, Chapter 14-W, State Highway System Acc($5: Management Classification System and Standards_ FDOTSy$tems Planning Office, Tallahassee, Florida. s Corridor Marragema:l1lchnical Report, op. cit., p. 52. Citizens ond intere st groups ore more likely to accept o corridor management program, if they have been fully informed ond treated fairly in the decisio n-making process. -... .. -----.. ------.. -.. --"'' ---------.__ _,.. __ ......... ------""'-_,. _ ...... -.---"" -...... -----------.._, -_ _. .. ____ _, .,_ ... ,,.,._. ---. ..... .-.-:::-:=.:::-=:.:=-::.-:. .. -.. .. -----... .... _...,....,.,_ ... ---.. -------_ _._ ____ -------H ,........ ._,_., ___ ----.. -------....... __ .. ---..... ...... -. ................. _, -------...... . ._ .... Newsletters like t h i s one from Defo woro holp t o k eep ihe public informed about mojor corridor preservation projects. 15




----CHAPTER THREE UPDATING REGULATIONS After corridors have been designated for protection, the next step is t o update local regulatory tools used to prese!Ve right-of -way for existing and future corridors. The 1995 changes to Florida planning law authorized local governments to adopt transportation corridor management ordinances to manage deve lo pment in and adjacent to designated corridors. It is impor tant that land development regulations be consis tent v.1th the l atest changes in legislation, case law, and coiTidor management practice. Below are suggestions for updating a local regulatory pro gram. Adopt a Corridor Management Ordin anc e A corridor management ordinance establishes to preserve and acquire needed right of-way to protect transportation corridors for future growth or expansion of the transportation network. It also est.lblishes which co r ridors will be affe<:ted by these r equire ments. Local governments with thoroughfa r e protection programs will need to revisi t their regulatory requirements to assure that they folfill the statutory requirements fo r corridor management ordinances. According to statute, corri dor management ordinances should includetl>e following: Criteria to manage the land uses within and adjacent to the corridor. This might include a combination of conventiona l zoning measures, such as setbacks and lot dlrnenslonal requirements, as well as innova tions such as on--site density transh!J$ and cluster 7.0nlng Although not speci fied ;, for managing access are an essential part of a comprehensive corridor management strategy. Restrictions on xes i clentia l and nonresidential construction within the corridor. Establish a basic requirement tha t restricts dev el opment within the designated right"'()f-waywithout a variance or special permi t. Uses that are pe.nnitted w ithin the corridor. These a re uses tha t do not involve substantial structural i.roprovements-such as agriculture, nurseries, or outdoor storage. Allowan ces f or in t erim uses provide for some economi cally benefi c;..! use of reserved land w>til it is needed for the tr ansportation facility. A public process. Include a procedure for notifying affec t ed prop erty owners of the corridor designation, and for notifying the Florida Oeparllnent of Transport.ltion of any rezoning, building permi t s, subdivision changes, or other p erm i tting activities that would s ubstantially impair the future viability of a state c orridor So. u ( ces o f sOmple O(di nance l a nguage include: FOOT Office of Policy Planning: Mode l O(d ina nce fo( P(ofoction. o f Corridors and Rights-af -Wai FOOT Systems Planning Office: Mode l l ond Devel oproent ond Subdivision R e gu l ations tha t Support Monogerrie nt. 17


When weighing fond use oltemotlves. consider the following tronspottotion objectives: Minimize the number of loco/ trips thot must be mode on th e mo;or thoroughfare networ k Minimize the number of through trip s thot ore mode on the loco/ street network. Unk.AdJ-nt Land U.. Avoid 18 A variance and process. Pro\iding (or special exceptions, waive-rs, and v ariances is an essential pari o( a legally defensible corridor managemen1 ordillance Such Oexibility allows communities to work with the unique circum ... stances of each development site and accommodate reasonable requests for deviation from standards. A procus for intergovemmentaJ coordination. This mny include on inte:rloca1 agreement to coordinate corridor mnnagcmcnt activ ities w ith o t her communities thnt s hare the corridor. Corridor managem ent programs arc strong es t w her e there is consi stency of s tandards among th!! participating Jocal governments. Co ordi.nation can a lso b e achieved through informatio n sharing_, coiJabo r a and int crgovemmenta l agreements among th e stale DOT, MPO and lcxal planning agencies on land development and transportation decisions affecti11g right-<>fway and access managemenl Updat e Zoni n g and Subdivis i o n Regulations Review existing zoning and subdivision regulations in lighl of l oca l corrid o r management objectives. In determining lhe need for zoning changes, it is helpfullo les l existing zoning at buildout against the local tra n sporta tion system. When weighing potential altematlves consider the transportation impilcts ilnd advantages o f variou s land use options. EvaluAte how the resulting t rips will af(c c t traffic patterns on the corridor and cross streets. This broadens the pool of potential alternatives and can lead to better long term solutions. Communities often evolve in a linear fashion, with primary commercial activity strewn along; maj o r highways and arlerlals. This mixes daily local A Zoning 811 ategy for Route 70 The plan fO< Roule 70 in MediO found lhol the need fe< o new highwoy covkJ be ovoided by o change in the existing tOn i ng pion, widening lhe existing faci lity, ond adding iug-ho ndlcs of key intei'Sedions. Recom mended wos a c hango ftom oil high i ntensity zoning a long lh o highway, too transition of dis l f i CIS from h i ghest t o l owe st i nt ensity, wit h th e h i g hes'l intensity u ses cluste re d neor town. N t w "'"Y t)epgltmt!fll ol I" 'lbo.t JDIIIJOC)' 1 991 tralflc with lhroughtrallic and magnifies demand on tN! a rtt' rial system. As congestion increases, boulenorhoods. To minimize this effect .. simply avoid strip highway frontag for high intensity development. Instead vary the intensity of 2.0ning distric ts along a corridor Qnd establish romme. rcial activity centers that ore well linked to the surrounding area. Eva luate land US

-Promote connedions between adja cent land uses and requite commercial and residential development to be designed with complete on-site ci.r<:ulation. joint and cross-access between estab lishments helps to improve overalla:essibility of corridor businesses, by enabling customers to enter from a side street, the thoroughfare, or from an adjacent use. At the same time, this improves access contTol on through-street s. Sidewalks can also be linked across properties and connect at side streets and bus s tops to enhance pedestrian and transit access. Oetel1lline Adequate Setbacks and Lot Dimensions Lot size, lot frontag e, setbacks, and lot depth ratios are established in land development codes for various zoning d is tricts. Minimum lot frontage requirements set the minimum lot width on a public road. Lot ratios specify the maximum depth for a particular lot "idth. Building setbacks establish minimum front, side and rear yard setbacks to separ ate buildings from each other and set them back from the roadways for a desired distance. Carefully coordinate lot dimensions and setbacks with conidor management o b j ectives. Specifically. lots should be deeper and wider along arterials, to provide adequate area for road widening and cross access or service drives .. while maintaining sufficient area for development. Adequate building setbacks help minlmize prop erty damage il the abutting roadway is widened. They also help to asswe clear views at intersec tions, aUow for emergency access, and bu1fer buildings from through traffic ---ratios prevent creation of long and narrow or iiregularly shaped lots that can increase the number and length of private a c cess drives. The width of lot frontage affects the spacing betv .reen drive1..,ays. Minimum lo t frontage require ments should be high enough to prevent land along thoroughfares from being subdivided into small lot frontages On high priority corri d ors, minimum lot frontage re quirements could be tied to minimum driveway spacing standards. Smaller lot frontages could be permitted where there are alternatives to direct, individual highway ae<:ess. Incorporate Corridor Developn1ent Review De, eJopme nt review proce d ures will fleed to be updated to facilitate the corridor maru>gemen t program.llxamples include : administrative procedures and time periods for evaluating impacts and deciding on develop men! requests in mapped rights-of"way; minimum contents for site plans and develop ment applications, including ae<:ess features and any mapped right-of-way Jn the vicinity of the project; traffic impact analysis requirements t o assist the muncipali ty with access management dedsicms; conditions for allowing special exceptions, waivers, and variances &om corridor manage ment requirements; procedures for notifyin g the Florida Il

A development agree ment is o contract between o loco/ government and developer that establishes ri g hts and obligations of both parties regarding development of o site for a fixed time period. Loco/ governments in Florida may enter into development agreements, provided they ore consistent with the com prehensive pion ond land deve lopment regulations. Prepartng Legally Defltnalble Ordlnancea To withstand l egal scrvtiny, corridor managemen t ord i nances should: hov e o deor ond reo sonob l e ment of purpose and intent 20 h ove a s t rong foundation i n t he comprehensive plan be l ink ed to concurrency ond other g rowth manageme n t pol i cies p rovide for var i a nces a nd odmin. istrolive flexibility include mi ti g ation measures and incentives. a combined review process for coordinated state and IOC31 r ev iew of major projects req access to the Stat e Highway System; and a process for extending reservation periods and amending maps of reser v ation. During subc:Uvision and site plan review, look for opportuJlit_ ies to improve access and avoid rightencroachment. Sometimes this can be a ccomplished through minor changes in site design o r subdivision layout. Negotiate for dedication of right-<>f-way or c r eative access management strategies in exchange for something of value to the project, such as flexibility in site design. Allowances for interim uses may a lso be administered through development agreements. Adopt Traffic Impact Analysis Requirements Traffic impact analysis is a spedal study of the transportation needs and traffic impacts of a development projec t on the surrounding roadway system. Local regulations need to establish when a traffic impact analysis will be required. Some situations that may require a traffic impact analysi s indude: rezonings, annexations, projects or land use changes that wiiJ generate more than 100 new peak hour vehicle trips, and determination of developer contributions to major roadway im provements. 1 Consider a Temporary Moratorium Local governments may enac t a temporary mora torium or "planning pause" for the purpose of studying a corridor and establishing appropriate regulations. By doing so, development pressures do not foreclose opportunitic.o; to protect right-of way or manage access while the municipality is developing i ts regulatory program. Temporary moratoria that are enacted in good fur ther a valid public purpose, and arc of reasonable dura tion can withstand constitutional attacks. The City of Woodbury, Minnesota, enac ted a twoyear moratorium t o develop an aceess improve ment plan for a major highway interchang e The purpose of the morato rium was to protect the planning process and avoid construction that could adversely affect road design and .publ i c health and safety. Although challenged, it was upheld by the court as essential to presSl'arch Board, Washington, D C : Nationat Academy Press? 1992. 1 WO()dbury Place Portt1.rrs v Cily of Woodbu'Y, Mi.T\I'Iesot<', 492 N .W. 2d 253, Minn. App 1992.


--------CHAPTER FOUR PRESERVING RIGHT-OF-WAY Through the use of police power, local governments can place restrictions on private property to manage corridor devel opment. Zoni11g, for example, relegates uses to certain districts, establishes the allowable intensity of development, and requires buildings to be set back a certain distance from the road. Subdivision regulations and street design stan dards establis h minimum requirements for new streets and site--related improvements as land is subdivide d for development. Maps of reservation and mapped streets ordinances identify and protect future right-of-way needed to expand the trans portation network. This chapter rcviev.-rs police power t echniq ues l ocal governments can use to preserv e future rights-of-way. Maps of Reservation A map of reservation establishes the location of future rights-o f-way and guides the subdivision of land to ensure that new plats conform to the existing and p larute d road system. It is an ordi nance in map fonn, that is supplemented by regulations and adrn.inistrative proced ures con tained in the land development code or mapped streets ordinance. A local official map is a technique for carrying out the traffi c circulation system and capital improve ments envisioned in the local comprehensive plan. It tran-

22 North Crollna' Roadway Corridor Offtclal Map Act In 1987, North Cor olino enodcd now l eglsto tion pe r mi tting local govcm menls 10 reserv e fu ture right.of woy l or prio rity h i ghwoy p ro ject s The Act allows c iti es t o adopt o n officia l mop fo r t his purpose. Proi ects may b e indvde d o n the offic ia l mop provid ed at least a portio n of the: corridor ptojed ho.s been included in o current tronsportotion improvement progrom (TIP), or in o comprehensive (tree!) pion and capitol improvement pion ol ten (10) yeo,. durolion or te.s. landowner'S receiv e on 80 percent reduction in their p rope rty taxes for ony land induded on th e officia l mop. The o ffi c ial mop i s recorded with t h e r egis t e r o f deeds Thereoher, t he city or S tate has one year to begin preliminary engineering or env i r on men tal studi e s on mopped corridors or the mop ;, inVC!Udoted 10< that corndot Cities may deny bvilding petmfts and subcrrvision req11e$ts .Oihin mopped conrido.., but the city or State must purchose the affected right-of-woy with i n three years follow ing the dBvelopment opplicotion or tha testric1 ions become void P repari n g the Map Maps ol reservation originate I rom state and local plans, which may impn!Cisc l y out the desired l ocation of future facilities.. Where known, the alignments of furure t r a nsportation corridors may be spec ifi c and .,.tabll shod through detailed engineering surveys. In othe r aerial photo graphs may be used to cstabll< h approximate alignments wit h a met6 nnd b ounds description b y a licensed surveyor requir ; aa>ess to principal uses is required before the building permit is issued; and


------Local Ofticialllapplng In P ennsylvania local govemm el)ts in Pennsyfvonio ore authorized by enobling legislation to adopt official map s t hat es tablish the location of oxlsling and proposed public lands or facilities outli ned i n the comprehensive p lan. The mops may include publi-c streets, waterways, pubUc parks, opon spaces, pedestrian ways, flood.woys, and other pub l i c fociiiHos in 1hc comprehensive plan photographs may be used in devel oping the mop, but o metes and bounds description by o licensed sutvayor is required when the land is acquired. Ado!>41on; Befo penalliM may be ossessod os a lien ogoi 1\51 the properly. 23


Merial --------24 subdivisions and si t e plans must continue and extend streets depicted on the official map.1 Setback Requirements Building setback..-; are required distances from the street, right-of-way line, property lines and build ing lines within which de,elopment or construction is not permitted without a variance. For the pur poses of corridor managemen t J ocal governments may require set backs t o be measured from the future right of-way line. Un less otherwise estab lished, the future right -of-way line is generally determined as one--half the required right of-way as measured from the centerline. Therefore, setback requirements are only effectiv e where the centerline of a facility Lo; known or can reasonably be estimated Flexibility should be provided where a reduction of the setback is \'\.'arran ted, such as where setbacks of varying depth are needed to avoid encroachment into the corridor. For e xample, a model corridor management ordinance prepared for the Florida Department oflrat sportation allows up to a 10% reduction in setbacks by administrative approvaJ.l Although setbacks may be increased along major transportation corr i dors, this should be accom p lished in relation to police power objectives, such as preserving light, air, and open space, protecting public safe ty. or reduci n g noise. Setback require ments imposed sol e l y for the purpose of right-of way preservation will lik ely be invalidated by the courts as a back door m.ethod of taking private property without compensation. Interim Use Allow ances Although s t r u c tural improvements are restricted in the right -ofway some uss are typically al lowed. These incJude uses with low structural investment tha t ca. n be relocated or discontinued in the futuro Allowances for interim uses assure that property owners have some economic use of property reserved for a furore corridor until the is acquired. Interim uses that may need to be relocated are those directly related to and needed by the devel opment. These may includestormwater retention, parking areas, entry features such as signs or gatehouses, or temporary sales or leasing office.o; for the si te. Applka_ nts must agree to relocate the uses in accordance w i th the terms and conditions of a development agreement. Relocation sites should be identified and reserved on the approved development p Jan. in some cases storm water retention facilities coul d be incorporated into the retention facilities for the future roadway. Interim uses that could be discontinued may indude recreational facilities # produce stands, periodic events or sales, plant nurseries or land scape material yards, agricultural uses, outdoor storage yards, outdoor advertising, and golf driving ranges Allo'"''ance for these uses would b e subject to a deveJoprn(>n t agreement that the uses will be discontinued at a specific date. Thio; time period maybe lengthy, especially lor new corri dors, and could b e extended periodically where needed. Other provision.scouJd address buf(ering (rom adjacent u ses, imperv ious surface ratios, and compliance with se t backs.


------------D e ve lopment R eview Development appli c a ti oos must include in/ormation"" any mapped street s that would be by the projed. This could be required of proposed projects tha t cross, a b ut, or are within 1000 feet o f a m apped street. Development p roposols are r eviewed fo r impacts on the future corridor a n d l ocal staff co ul d work with applicants to e x plore alternatives for avoiding encroachment into the future right-of-way (see Chapter 2). V arianc e s CommwU.ties may fac:e a variety of circumstances where the official m a p necessitates a variance or speclolexceptio n Ths m ay incl u de areas with excepliorlally s llallow lots and Ut11c builda b le area i.nabiJlty to mee t impervious surfaoc require ments, or w h ere setbacks must b e redu ce d to avoid encroachmen t ifo to the ri gh t -of -way. A variance or speci a lexoeption is appropriate when the nooconfonttity is attributable to the corridor management program. Variation from standards c:ould be ao:ompli$h00 on an adminis trative level, rather llwl through a formal appeals boarcl, to assist the a pplicant and stre:unline the approval process. If c o m pliance would prove impractical o r prev ent the own e r from obta ining a .ny rcoson able return on the land then It ma y be n ecessary to i s sue a b uilding or acquire the property. Al ternately, it would be reasonab l e to deny a \ariance w here it can be demonstrated that no substantial injwy w ould accrue to the property owner by placing a building outside of the mapped righi>OI-way. Ded icati ons and Exactions M onetary payments or contrib uti ons of land b e r equired of"" applicant b y a go Vl!lllii\ent agency"" a condition of d evelopment app roval. Such e xact i ons are typic aUy detenttined throug h open-ended n egotia tions between a municipality and a developer.'ln this way communities may acq uire r i ght-of way without purcl1a se o r condem nation. In tum, developers contri b ute their fair share of the cost of providing transportati()n facilities. 0tay MaN Pilot Project The OtOy MMo o r e o i s l ocated i n $0ufhern Calif ornia and I $ under the j urisd iction of tho City of Son Diego, th e City o f C hula Vi5to, and Son Diego C011nty. W ith projections of high grow!h, lhe need for _addifionol highway cotridol's was great. Two corridors. were planned lot tho area, Stole Rood 905 and Stole Rood 125, but corridor ocqwifion and con5ttudion unfunded. Coltrons joined lhe City of Son Diego and Son D iego Ccxmty, under the Advance Tronsportofion Systems Davel opmo n t (ATSD} p rogram, t o devi"' l o w cool s lrolegi e s for pro t ect i n g the SR 905 corridor. T h e ATS D program wos o r go nized by Coltron s t q overse6: the planni n g, p reservation, and financing of future right-of way projects . Strategies applied fo.-preseiVing fvtvre rightol-woy inclUded police tecMiqueo, coordinofton among the offected locol and stole agencies, and inlonnol negolicmons with deve l opers. F irst, ATSD' and the City of S on .Diego devised o metho d to p l o t the futu r e withi n a subdivtaion os o sep o roi e l ot. With the p ro perty owner's opp r ovo l tho would remai n reserved ond undevel oped until property acquisition eommenc;ed. Secondly, interim uses were allowed within the furuto conidor. Anolly, Son Diego County fodor. lond encumbronce.s: when colcutoting property value, p r operty owners received o fox b e nefit when reserving propor1y. Onsite de n s ity. tron$lers w ere pe rmittod from reserved r ight-of-way to the remainde r o f tho pr operty, butlhis option wos not ovoilul:il o f rom dedi co t e d property or prop erty ovorlold with a devel opment eoserner\t. Theso techniques o n d negotiations prove d wccessful and the mojo

26 Rig ht-ofWay Preservation Practlcee In Selected Florida Counties Mop of Setbodcs Measured Interim Uses Dev. R i ghts Impact fee Mondotory Reservation from Future ROW A llowed Transfe-r or Credi t C redit s Dedica t ion Srevord County n o no n/o yes yes no' Browo r d County yes yes yes yes yes no' Hillsborough County no2 no; n o yes yes l n d ion R i ver County yes no yes yes yes yes3 lee Coun t y no' no' yes yes yes no Met ro-Dade C o unty no yes no no no yes Pal m Beach C ounty yes" n o5 yes6 yes y e -s' yes"Pasco County yes yes yes no yes no' P i nella s Cou nty yes yes yes yes yes yes3 St. luci e County no1 yes yes9 yes yes'0 yes3 . ..... ---... ... ----.. .. __ .. ... _ -------. ---Rerlpondwd:eomm.nta: 1 S t rong l y e n cou raged, b u t no t requ i red. 2 Futur e r ight -of-way n eeds o r e identified on a futu r e right-of -way needs list or i nformal m o p provided os opptopriote (responses incl u d e d : w here develo p ment i m p acts ore less tha n the right-of way needs; dedications beyond thot needed t o bring the rood u p t o lo::;ol rood s t ondords; dedicat i o n s that ore l"'ot site-r elated) T horoughfare right.of.woy i de n t i f i cation m op for p t onn i n g purposes. 5 Bui l d ing se t bo.cks m eosured from bose b u i lding lin.c cslob l i she d 40 feet beyond t h e ex.isting ROW. Con be waived on o cose. b y co s o bas i s 6 By specia l ogre e m en t onl y 1 Provided wher e d evel ope r s ore r e quired to ocqv i r e r i ght ofwoy off site. Density c red i t i s pr ovide d for d e d ications from t h e i r srte $ Where t here ts o rot iono f nexus. 9 N o structures permitted w ithi n the fut ure rightof woy. 1 C redits ore ovoilob l e t o d evelopments a l o n g o fu1ure ROW prog t o mmed for i mpr o vcmM I in t h e T I P o r CIP.


--------Mandatory Dedication Subdhision regulations provide for dedication of land for roads needed to serve that development and any site-related improvements ; However, this must b e differentiated from mandatory dedication of right-of-way for thoroughfares, which is subject to constitutional limitations. nus is because the facility i s needed by the general public, and not just the propo sed development. Mandatory dedication of right-of-way is best accomplished in the context of a l ocal fiv e year capital improvements program (or the three year period used for concurrency determinations). It is advisab l e to establish a metho d for determining the amount of lan d to be dedicated, based on the proportionate impact of a development on the transportation facility (see Phoenix exam p le). Compensation would need to b e provided for any additional land needed Impact Fee Cred i ts Imp a c t fees are assessed based on th e number of new trips a development adds to the transporta tion network.. U a develo pment were assessed impact (ees for transportation improvements, the local SO''enunent could credit the develope r for declicating right-of way. The value of the dcdica tion would be applied to and deducted from the total impac t fees for that project nus effectively combines collecting the fee and purchasing the right-of way into one transaction. To provide impact fee c r ed its for r ight of-way d edications, impact fee ordinances should address righto()l way costs in the fee structure and calcula lions Credit need not be given for any rightofway deemed site-related.'Jmpact fee credits ma y also be transferred to offset Impact fees paya b l e by that d evelope r elsewhere, provided this is within the sam e Impact fee distTict tha t they are eamed. Phoenix Wrestles with Rough Proportionality In eariy 1995 P h oenix, Ari;ona devel oped a 'iproportionolity" pt'OceiS thot right-of-:vtay dedication and imProvement requirements, in response to the Dolan cose. The Oew procedure ensures 1hot ""the principles of c(!nnectivily ond propo'r!ionolity are publicly known and documented. The process estab lishes progressive. tiers of requfrements thot c a n be su p ported by individual analysis, T hese are based on minimum st andards hea l t h and safety factors, developmen t i mpqcts, and exactions. The flr'Sf t i0 r requires every developed s it0 t o be od j acont to a pavod public servo

In California, land owners moy moke irr evocable off ers 1o dedicat e right-of way, but tille to the land i s n o t transferred vntilthe develop ment proceed s or the highway is prognommed. 28 'WNA. f'te::1c_._ fl Comckn. 199J Within i t s Genera l Plan, the City of Son Jose i nclude s o future right o f -way mop which shows the locotion and width of future Pres.....,t ion olthese is hand led dut"'g sa., pion mview. Hislo

-------------------------------s;te. Performan ce standards and bonus points may also b e Included to address the need for right-of way pr ted in ihe greenbe l t provided thoy oro separated from village by 0 permononl buffer zone o f at leost 150 f eet . 29


Combating Commercial Strfpsln Acton, MaasachuMtta T o ovoi d strip com m e rc i a l develo p m ent and congestion, Acton, MossochuseHs r ezoned commerdol land t o lower den s itie s alon g its mai n highway corr ;dor, Route 2A. In 1 990, c n ;zens o f Acton appr oved a transferable d e velopme n t r i ghts p r o gra m to offse t possib l e d e valua tion of land i n areas t hat hod been downzoned The proce$$ i nvolved "upzo n i ng" other reside ntia l and commercia l areas i n t o "limite d busin ess" districts where the i ncreases i n d ens ity could be used. T h e i deo wos to clus t er commercia l and resident i a l deve lop ment int o h igher d en sity areas t o c reate a m i xe d -usa "urban v illa ge"' a n d further t ha master plan's goal of fostering o sensa o f c ommunity. AJ t h e some t ime that the p r ogram was adopted, t h e sta te's ecooomy began to dec l i ne and grOW1h pres sutes decreas i n g motk et demon d for development t i ghts. Consequen tly, no perrn;ts f or tho TOR program hove been f i led t o d ol e Locol offici a l s ant icipa t e o h i g h e t dem and fot oddit i o n o l deve l opment tights as eco n omic condition s i mpro v e ond gtow1h ptessures increos.e. 30 WHh the sale or tran sfe r of the r ight to devel o p, the cost of a c quiring the property may be reduced Additionally the property remajns in the poss ess i on of the lan downer until i t i s needed and acqu i red. The prop e rty owner i s also responsible tor main taining t h e property and paying all ta Arthur Nelson Md JamflS Duncan e t G rowth Managtm(l :t Pn'ndples & Praclice:;1 Am('rkan Planning Assoc iat ion, Chic-ago, lUirtoi s : P l anners Press, pp. 119120. Jal'l'les Nkholas el al A P ractitioner' s Gu ide to l>r<.ll"lopmmt Impact Fee1., AmericM PJ<'lnning Associat ion, Ufu'o is; Planners Press, pp 266-268. t Riv kin Associat(>S, Corridor Prtstronti on : Studies and A"alysis of Factors iu DisionMQ](illg, December 1993: pp. 33-35.


CIIAP'I10R FIVE RIGHT-OF-wAY ACQUISITION E minent d o main is the Constitutional r i ght of government to take private pro p erty for necessary public use 'Through this authority, th e government may acquire land f o r transpoitatio n p u rposes This occurs through condemnation and public acquisition and does not require a property owner's consent. Howeve.Ji a property owner whose land is taken through eminent domain must be fairly compensated This chapter addresses the process of acquiring rightofway through eminent domain, criteria for early acquisitio"' and alt ernatives t o fee simple pur chase ofland. Eminent Domain and C onde mnation When a government entity begins the p r o c ess of acquiring land through eminent domain, the property owner is presented with a good faith estimate of value based on an appraisal of each parcel. Typically, eminent domain procee d ings lead either to settlement negotiations to reach a purchase price, or t o mediation.. If a settlement cannot be reached, the case will proceed to trial. Befoxe the trial begins the con dernni.ngauthority may issue a written offer o f compensation t o the property owner. known as an oflec of judgment. The property owner may also make an offer for a seUing price under $100,000. A written response to an offe r must be received within a specified time frame ox the offer is deemed nuU and void, and the case goes to jury trial. If the monetary award receiv ed t hrough trial is equal to or less than the offer of judgm e n t aU costs incurred by the property owner after the offer was rejected must be bome by th e property owner Lf the jwy award is high er, aU costs are paid by the state. If the final alignment of a corridor changes and the land is no l onger needed, the condemning authority may e i ther : 1) sell the land back to the original property owner for fair market value, in cases of a partial taking or 2) initiate a bidding process open to the public, in cases of whole property taking Procedwes for sale of unused l and vary from state to sta te. Missouri law, f or example, provides that if the location of the corridor changes afte r the State Highways and Transportation Commission aoquires pxOpert)\ "the person from whom the property was acquired shall have the right of first refusal to reacquire the property at a cost of not more than the compensation paid by the commis sion to such person for the property. How is C o mpensation Det ertnined? When determining the extent of compensation in a c ondemnation trial, a l 2pane l jury may weigh several factor s, includ ing: Before eminent dom ain may be initiated for a project involving federal or state funding, environmental docu m entatio n required under the Notional Environmen tal Policy Act must be c o mpleted, and location and design crite r i a must be met. .. .. H .. .. P arcels Co n demn e d and N egotiated .... ,,.. ,.,.. "" -"'' .... "" 3 1


In Florida on increase in properly value resuft ing from o new tronsportolion focility, moy be used to offset business or severance domoges awarded to o properly owner. Average Final Judgments i SOIs.ln 1994, the Floridalegl$1atureamended S

---Supplemental condem.nationinvolves the acquisi tion of land SUIIOWiding a transportation facility, where the land is not actually needed for construc tion. The intent is to purchase land prior to the development, when costs are l ower, then sell the liUid following oonstruction of the fadlity w hen the land is in greater de!lW'Id and a higher return may be obtained The money earned would help offset the cost of building the ladlity, and the purchase would the potentially negative impacts of in the corridor \'\lhether supplemental condemnation" is a legitimate exe1:cise of the power of eminent domain is not clear in cases of corridor preservation. A U.S. Supreme Court case in Cincinnati questioned t:he constitutionality of a state statute enabling the govemment to condemn in excess of what was needed, if the taking would definitive l y serve a public use (s""' City of Cincinnati v. Vester, 281 U.S. 439 (1930). Although it has been upheld for redevelopment of blighted areas, it is doubtful whether it would be upheld for corridor management without specifi c statutory guidance. Early Acquisiti o n There are two types of eady acquisition : paroel advance acqu isition.. and proje c t advance acquisi tion. The former is the acquisition of a specific parcel of property when an advantageous pur chase opportunity is identified, and with eminent domain used ordy in llini ted situations Partial environmental documen t ation is required t o the extent that it provides sufficient infonnation to begin to aoquire individual parcels. The latter is the adv.,ooment of entire right- 27.4 OlondO'NI'IGr "The appreciated value of property near interchanges-resulting solely from the presence or proposed location of o new highwoy-should revert to the stote If this land were pu r chased with high,voy acquisition funds and r esold or leased to developers os i mproved land, the proceeds would help underwrite a substantial port of the toto/ highway program." -Urban .Advisors to the FHWA, 1968. 1111$ 11te City, U.S. Go.$mfi'IOI'Il Plinlif!9 Olt>OC: 'A'W\ill91011 o.c.. 196 8


Chapter 337, F.$., authorizes the Florida Deportment of Tronsportofion to, lease, exchange or othetwise acquire orry land or buildings or other imptOem ents" which ore needed, 'to secur e or u tilize rronsportolion righ ts-of-woy for existing, proposed, or onlicipoted lronsport otion lo ci l i ties on t h e Stol e H ighwoy Syst e m protective buying or hardship acquisition actions that would not limit the eval uati o n o f a lte rnatives that may be during the NEPA process. P ro t ective Buying On projects receiving federal fund i ng, parcel acquisition by negotiated purchase may be initiated unde r limi ted ci r-cumstances through protectiv e buying Protective buying is t h e acq uisi lion of land within a mappe d co r rido r o n w h i c h the owner has imp e nding plans t o d eve lop th e prop erty T h e land m a y only ac quired to prev e n t imminen t development that w ould preclude futur e t r ansportation use.5 In the eve nt a nego t iated purchase agreement a.nno t b e reach ed the state Florida 11 one of the few sloles to oword b.Jsi. Florida's emi nent domcrin logisfot;.,., """"des ness damages in right-of-woy taking cases few guid

------------------- Options to Purchase An option to purchase property is a volwttary ronlrlld between a properly owner and a buye.; in which lht property o"""' asr-10 I'I1SeM! the property at a S)ven price for a speciJied period of time, in exchange for a deposit payment on the land. During this time. the buyer is the sole party elig ible to purchase the property, and may exercise this option ot any time during the contract. If the purcha se h as not been made during the designated time frame, the property owner is no lo nger oblisated to sell the properly 10 the origin al buyer. To help p reserve o the state or local governm ent can negotiate an option to purchase specific property for a set price, and make a deposit on th e lan d for lower cost than would be paid for on o ubight purchase . This technique would be viab l e as a short term protection strategy. Options 10 purlem Acce,;, '!>.ct, S.i 8 1, F.S., provi des the FOOT with outhorlty t o regu l ate OC

36 A difficult aspect of administering a PDR program is establishing a fair purchase price for development rights The price co ul d b e fairly assessed as the difference between the land's present value and its market valu e based on zoned density Under some market condi tions, however t he price of purchasing a development easement may be dose to t h e cost ot an outright purchase. In these cases, PDR would pose no advantages over tee simple acquisition. References 1 Eminent Domain . Chapter 73.032, F.S. z Sena t e Bill No 2 12, 88th Qnernl Assc:mbly, Section 226.954{7) (reptaling S.ction 238 400, RSMo 1994. ) "Perf ormance and Production Review o( the ment of Tn:tnsportatiol\ : Year End FY 1994/1995," FJor ida Tr.msportation Commission. CX:tober 1995, p. 15. National Env i ronmenta l Policy Act,. Title 23, Code of Federal Re-gulations, Scc.771.117. 23 CFR Section 771 .ll7(d)(l2). 6 FOOT Right-of -Way l'rocedures Manual, Chapter 8, Section I Patt Xl.X; March 1993.


----CHAPTER SIX AccEss MANAGEMENT Access management is a process for providing acyess to land development, while preserving traffic flow on ing roadways in terms of safety, capacity, and speed. Thls is achieved by managing the location, design and operation of dri veways, median openings, and s treet connections to a roadway. It also involves use of auxiliary lanes, such as tum lanes or bypass lanes, to remote tuming vehicles from through-traffic movement Roadways a r e cla.

38 Stole Highwoy Sytem Access Management Act, Chapter 335 18, F.S. Stole Highwoy System Permits, Administroti e, Rule 14-96 Stole Highwoy System Access Monogemel\l Closs iliootion System ond Slondords Rule 14.97 FOOT Med ian Opening Decbion Process, Topic No. 625.010020 Driveway 8peclng 811lndlrda Ado p t minimum spac i ng & t ondords f o r driveway s Reinf o rce w it h m i n i m u m l o t f rontage ond joint OC<::ess r equi r ements Fo r more: 01'1 tPCJOI"'Q I" !hi Tron$j)OI1CJiOn RtM0f(h ( ii(III O """"'"'SO. Orl.toow onl/ SN.t1 lnle:rs<\on O.C. : Trontpo"'OIon lttMOOc:h eootd t 996 pro t ected. For this reason .. access manag eme n t is a part of many plans aimed a t im pro vin g the ima g e o ( s t rcetsc:apes and ga t eways and attracting ec o nomic development. Access Ma n age ment Techni q ues Aess management requires careful coordination of land uS<> and tra.nsportation objecti"es. Local regulations must address the inte

---------------intend! lor hlgher speeds. At hight!r speeds travelffl have less time and space 10 react to the 11nexprded with the propert y records, along with a joint maintenance agreem ent and agreement to close the temporary driveway when the joint access system is complete. Flexibility i s needed on an administrativeleveiiO work with tho unJquc circumstances of each development site. Communities could r elax driveway spacing standards for p roperties that agree t o oonsolidatc access, and provide for variances where complian ce proves Unpractical Some ordinances provide such as density bonuses ,for combining acoess points, or relax parklng and dimensional reqwrements where nccessa.ry to achieve shared access. .. f lotlclo R equiro Complote OnSite Clrcu loHon. t.A.JLLL1..1..1. 39


Oclanclo'a J-AcceM Requlramenta Reverse Frontage Orlando, f lori da, is i mproving drive When land is subdivided for residential J o t s way spacing by app l y i ng ioint occ::ess abutting the t horoughfare should not b e allowed to and cross access r6qu i rements t o obtain driveway connecti ons on the thoroughfa r e designated "'cross access corridors."' Instead subdivision should be designed so these J o int use driveways and c r oss access lots o b t ain access from an interior street or frontag e easeme n t s must be establ ished wher street. Landscapi ng, berms, or other barriers may ever fea s i b l e an d th e bui l d ing si t e mus t be p r ovided at th e rear of these properties to buffer incorporate a un i fied access and c irc u -them from the noise, debris, and traffic on the loti o n $ySfem. Properties t hat comply thoroughfare. This also reduces the potential for w ith t hese requirements may be gront6d dangerous conflicts b e t ween high-speed traffic and less restrictive driveway spacing. residents entering and e xist illg their driveway Cross access corridors o r e i n d i c a t ed on the zoning mop, along w ith porti ons o f the co rridor where easements hove bee n recorded. Standards req uire: A continuous Hnoor trovel co r rido r r ..... I I I j t extending the ent i r e l ength of eac h + b l ock it servos, or olleost 1.000 loot [:!.: :Jj (] !J}Q] -="'of l i near fro n tage along t he thor J I + oughfore, and having o des ign ---speed of 10 mp h Suffici6nt widt h to accom m odate two-way trave l ais les designe d to J accommodate automobiles, service !lXli {g) i vehicles ond loa d ing vehides in I I D il J i occordonce with ]design] require I 1..:::: ments; ---f---- S tub outs and other desig n features ..oM CtOq ACIC:tUthat m ake it visually obvious thot the obuHing p r operties may be t i ed i n to provide c ross-ac c ess ; 0i0_e li n k age t o other cross-occess corridors in t he ore a. C ity o1 Otlondo, Floricla, OlfoMo Code oi Qfditlone

-----------------M edians Raised or grassy medians in the center of a road separate opporough.fares o r center two way left tum lanes.' Medians also provide a refuge for pedestrians as they cross thoroughfares and can be landscaped as port of a corridor beautlflcation program. Median landscape plans need to be developed with carclulattention to maintaining adequate sight distanc e and visibility for tuming and crossing vehicles.' As with driveways, tho spacing and design of median openings is important to the sate and efficient operation of the roadway. Safety benellt .. re reduced where median openings have inadequate storage or are too dose together. Cruh Rata& for RaiMd llled.lana and Center Two-Way Left Tum Lanes In Florida 8 nWLT'L J s Raked Median 4 .44 4.28 Cl Undivided 4 3.27 3 ::! 2 E 1 0 Four Lane 1<93. Avoi d Continuous Right-Tum Lanes I help/ul in removing tumlng \l6hide$ !rom through-1 troffic. if (ighf.t u m Iones ore "91 broken periodicolly, drivers moy use os through lones, cousif\(J confus ion os to where cors wilt turn. Frequent curb cuts ond unptod ido b l e turning ond weaving movements result in hozordous con d rtions. Retrofittin g E xisting Corridor s One of the challenges in managing access is how to improve accas on already developed comdots. The level of demand on our transportation system has c hanged and so has our understand ing of the issues and problems. As commuroties grow and change, roads originally intended to p rovide access to homes or businesses may be needed to serve through traffic. In addition, some of the a000$8 problems we now see are the result of poor subdivision and zoning practiocs made in the past. It i s much more difficult to manage these competing and solve access problems after the fact The Florida Deporlmenl of Tronsportotion hos o policy ol designing oil new o r reconstruded mvlli-lone highwoy s with restrictive medians, excep t four lone sections with design speeds ol40 mph. Facilities with design speeds of 40 mph or less ore to include sections of restrictive median. 41


42 One strategy i s t o prepare access manage ment plans f o r t he higher priority corri dors in the rommunity. Restrictive medi ans with cartfully designed cro6SOVers are useful for controlling turning movements and improving safety on Already devel oped corridors Special corri d o r zoning and overlay zones ca n be designed to address the uniqu e circu mstances of the corridor whi1c odvnndng access manage ment objec t iv es. ordi nances can a)so include r e t rofitHng standards that spec i f y when existin g u S('S mus t c o m e into compliance wit h th(} n e w sta n dards. Such conditions migh t indude s ubstantial enlargement s o r imp r ovements, signifi cant changes in trip scnera tion, or when new connection permits are requested} Re ferences \'trsn C. MNittn AtUSS ITWI Odizn (

CHAPTER SEVEN FUNDING Due to regulatory constraints on use of state and federal funds for advanoo right-of-way acquisition, as well as revenue shortfalls, alternative methods of funding are always being sought. Potential funding options for right-<>f-way acquisition include right-of-way revolving funds, local option taxes, irn!'act fees, and special assessment districts Publi c private partrierships, such as corporations, are another alternative This chapter describes these and other funding alternati ves fo r the acquisition of transportation right-of way. Right-o f-Way Revolving Fund The federa l right-o f -way revolving fund was developed to assist states in acquiring r i ght-of-way in advanc e of project construction. This interest free funding source is available for state and local governments for a 10-year time limit (extended by ISTEA t o 20 years) and allows the advance purchase of r ight-of-way for highway facilities. The fund is limited compared to the demand for dollars estimates indicate that for every dollar avau.ab'le three to four dollars in loans are requested. To be eligible for funding, the state must comply with the: Uniform RclocationAssistance and Real Property Acquisition Policies Act of 1970; Ci\'il Rights Act o f 1 964; National Environmental Policy Act; Endangered SJ"'cies Act; and all othet applica b le environmenta l laws. Fundsmaybeused to pay theentirecostsof right of-way aoquisition, includin$ movmg and reloca tion payments. Actual construction for a project for which these funds have boon utilized must begin within 20 yea. rs. State Transportation Trust Fund Currently, the Florida Department of Transporta tion pays for right-of-way acquisition with alloca tions from both the State Transportation Trust Fund, and on certain federal -aid highway projects, from the federa l revolving fund. Revenues collected from fuel taxes, rental car surcharges, motor vehicle fees, and the new initial vehicle r:gi.stration surcharge comprise the State Trans p ort<>tion Trust Fund, which totals approximately 1.5 billion dollars annually. Right-<>f-way projects to be funded through this souroo must be SJ"'e>fically in the FOOT five year work program, wh1ch indicates the year in 'vhich construction is uled to begin (section339.135 [4.b.3]). Due to fluctuations in tax and fee revenues, the F lorida legislature enabled the sale of bomds in 1990 to fund right-of-way aoquisition. Up t o six peroont o f the STrF may be transfer

Hillsborough County, Florida collects $ l 0 worth ol gas taxes which genera te approximately $3 l .5 million per year. The covnty nos the $.02 Constitutional gas tax; the $ .01 county gas tax; t he s.qr "9" penny gos lox; and the $ .06 loco/ option gos lox. It hos not ovthorized the fiMS live-penny lox. 44 RightofWay Acquisition & Bridge Construction Trust Fund, for the purpose of meeting debt service obligations on bonds Ninety percent of this may go t o pay debt service on bonds; the remaining 1 0% must remain in the fund as coverage. Bonds to acquire right-<>fway may be i ssued annually t o the extent that debt service on those bonds doe s not exceed the 90% available Sta te Infra struc ture Bank Slate inlnstructure banlfway for transportation p r ojects The m o ney to crea t e the bank comes in part from the ove rall federal allocations t o the state. Each statfway acquisition The flrot of the three is called the " penny gas tax Adopted in 1983, the tax enables l ocal govemmenls to assess by a super majority vote of th e commission or a public refe r endum -up to $.OS t o fund a variety of transportation expenditures Th e second is kn own as th e "one t o-five penny" gas tax, o r th e "ELMS" gas tax.ll wa s aut h orized in 1993, and allows I

espedaUy authori.ted for counties alone, but counli<$ are not pleduded from sharing the revenues with their municipalities. State-Shared Revenue S ource s Florida has two sourw.o of "sta..,_.hared revenue" which may be used for rightofway acqwsition and tnlnsportaHon l.mprovements. The first is authorized by the Florida Constitution, and is a $.02 motor fuel tax. The revenues f r om this are ooUected by the Dopartmen t of Revenue and administered by the State lloard of AdministTation ( SBA). Eighty pcrocnt of d>c total revenue gener ated is allocated for debt service on bond issuance the remainin g 20o/o is allocated to loca.J govern ments. The second type is a 5.01 cotu1ty gas tax which is also used forcoW>ty debt service. Public/Private Partnership s A public / private partneiship is, "the pairing and cooperation of public and private resources to an end that wW benefit both the private developer and 1M public secto r Public/ private parlnelllhips con be beneficial to all participants in corridor mnnagement. The local government may benefit from the construc tion of a needed facility at low cost and in a m o te expeditiou s than could be accomplished by the government. The private enterprise may benefit from the profi t s earned through operation of the facility. In some cases, th.e.private sector may generat e the funding for a facility and operate it for a designated period of to recapture expenditures; the roadway may then revert to state ovmership for long-tenn maintenance and operation (see case example: DuDesGreenwayProject ). --------. -Transportation Corporations Florida transpor1ation finance and planning law provides for the creation of transportation corporations (339A01, F.S.). These are nonprofit corporations authori.ted to act on behalf of the Florida of Tr:""portation to assist with project pi"""':"& and des1g11, assembl e right-of-way and financtal support and promote projects "Project" JS_ defined l.mprovementto an trisling highway that IS mcluded in an adopted work pr?S"am. The is aimed at i ncreasing pnvate sec tor financial suppor t for road expansion projects. Special Assessment Districts districts are gaining in popularty as a method of funding transportation improvements. Spedal assessment districts are areas designated lor the purpose of levying a tax on property 0\\'1\0!$ who will benefit from specific unprovements. These may be initiated by loca.J govemments, or by developers and property owners \vlshing to expedite the l.mprovement (stt Route 28 'lhlnsport.ltion Improvement District). A parameter of special assessment districts is that property owners must not pay more then they receive in special benefits. Assess ment methods are typlcnlly uniform aci'OSs a district although some ill'Cas vary U1e fee according to the level of benefit reoolved. One option might be to reduce special assessments for property owners that dedicate transportallon right-of-way. Typically, a revenue bond Is ls$ued, backed by the e.xpectec1 revenue streiUII, to cover the cost of a tTansportatioo unprovement. l.ocaJ governments must be careful in ruonlng properties within the district to ensure that expeSS releoses and promotional moteriols. $ooooo_To,_, .......... _t.., 339 s.dcn .CI2. 45


46 Route 28 Highway T111npottallon lmp,.,.,.ment Dlll1rlct T'he Route 28 H i ghway Transportation I mprovement Oistr i d was estobl ished bv the Slate o! Virginia ol th e requ es t of local bvsineu owners as o mechani s m for generating revenue fo r roodwoy improv e menh. along 28, o major co..-rKfor ptcwiding access to the Dulles Airport The d;,tr;c! ""' creotet ol Rou1e 28, which wos bodly qtlacy of measuring and pricing unit impacts, and establlshing n s ystem lor administering revenue$ and expenditures. The fees must be spent in rtl!sonable proximity to the developm e nt paying the and within il rt1ll$01lable lime.


-------Dulles Greenway Project loudoun sion of the Dulles Toll Rood ovnn_ing from the Dulles Airport fo Leosburg1 se.;lot: d eve l opei'S needed on expanse o f l and 250 wide and 14 miloi l ong, plus additiona l land f o r purposes ond t o meet e n v ironmental req u i rem ents. The f ou r l one, dMded roadway pio j ect w as de-ilsod to r e lieve much o f the c ongestion off Route 7 (Leesb urg Pike), w h i c h runs nearly porollolto tho n e w toll r o o d. T h e rood wos funded by o .,Ortnership b y privojjl lnvoslo,. ond )'fill be private l y o w ned and operated on o for-profit basis for t h e next thirty yeort, at which tima it will r'CVCI'I to state ship The rocd was scheduled to be completed in spring of 1996 bvl opooed ahead of schedule in September. 1995. Tho total cost olthe-projed was oppradmotely $300 mil ion, much of which was invested by the. principals in the project. Impact lees an! o sowre of supplementa l ftmdin g for loca l governments to acq uire right-of -way o r improve transportation infrastructure They are an eq uitable sys tem of revenue as the c h arge assessed t o the d e veloper is represe n ta ti ve o f the d eve l opment's impact on the sun:ounding focllities. 11'eY canno t b e use d to address exis tin g dc.ficiencies; in oU\er words the need for n ew facilities must be attn'b u table t o n e w devel opmen t The property OWOOB whose Jond WQS needed lor the e>



---------------LEGAL CONSIDERATIONS Canceros over regula to')' takmg and private property rights laws have made local goverro:nents cautious in their regula tol)' efforts. Many communities are reluctant to fully appl y existing rightof-way preservation policies, especially those involving mandatory dedication. Others are disregarding existing regulations until legal issues are more clearly resolV

Stldll Olftc:laJ...., F ound Uncondlutlonal In Joint Ventures v. Dept. Of totion, 563 So.2 d ot 625, 626 (Flo. 1990), the Florida Supreme Court rej ected on officia l mop statvte as unconstitutional and o v i o l ation of due process provisions o f the consJitution. The sta t ute p r ohibi ted local g overn menu. from i$Suing develop ment permits within mopped .. woy for five years oher the FOOT recorded on oHiciol mop for the state highway system. This could be eJdended lor on additional five years, without o com mitment by the state to purchase the I'&Ser.ted land. Tho s o oted purpose of t he stolute wos t o frooto or otherwise h o l d down lond values i n anticipa ti o n of o future con demnation (563 So.2d at 626) The FOOT argued that allowing development permits to be issued in mopped rights-o fwoy wOy the c<>ridor management requirements, and provide for interim uses or other measures to assure some economica lly bc ncficial use of land. If the right-of way presc rva 1 ion program would deny all reas onnb l c use of an affected propefway. Ills more likely tha t the co urt s will invalidate a regulation with an unli mited or l engthy period of time thnn one with a shorter reservation period, with rt dear public commitm ent to :.1cquirc the rightOfway in the future. For example., communi ties could provide for a five ye.u reservation period tied to a capital improvem<>nts plan and program. with an option to extend the period after that time pursuant to a public hearing


---------Howtver. coorts do not rely solely on the dun lion of the ..servalion in evaluating the legitimacy of IeSetVation programs. Daniel Mandclket in his landmark analysis of highwa y reservation laws, explaiN: J u s t h ow short a reservation p eriod mus t be is not c lear, and one court he l d that even a one-yea. r reserva tio n period required compensation. The courts have upheld zooing moratori a that lasll!d for sev wa y reservation that remained In effect for oo long a time -The lndusion of mnedial provisions that the burden of a .rewvation on a landowner should help resolve th e uncertainty problem Md support the use of highway reservation early in the plannil\g proc:.lss. Dedications and Exaction s In evaluating the ehruacter of regulations, courts look to whether a legitimate state interest is being served and whether an essential nexus exists between the impacts of the project and the permit conditions, Nolltm u. Cs!lifomia Ccastal Commission, (US 1987). In additi on, individual property owner.; should not be required to carry a shale of burden for a public benefit As sta ted by the U.S. Supre me Court in Doltm v City of Tigard (US 1994), regulatory exactions should be "roughly proportional," both in nature and degree, to the Impacts of the regulall!d activity In Dol.., the U.S. Supreme Court weighed a city action rtquiring dedication of land for a pedestrlar\/bicycle pathway as a condition of permit app.rovllto expand an existing hardware store. Questioning the constitutionality of the oondi.t;on, the court transferred the burden of proof to the dty to demonstrate a "rough proportionality" between the Impacts of the development and the nature and degree of the e>UOctions. Allowing that the relation shi p need not be "precise ly quantified," the court Court Upholds Loc:al Plan In Palm 8eoch County v. Wright, 612 So.2d 709 (Flo. 4" DCA 1993) the Florida Supreme Court eon,;dered whether the County's thor ""9hlore plan mop was the same os the mop of re>eMllion that wos dedared unconslitu.. tionol in Joint Ventu"'s. thoioughlore pion mop hod been od9pted os port of on ap proved comprehensive pion, undetth' e tequire. ments o f tho Florldo Growth Monogement At;t, OnQ wos vsed t o reserve corr-idors needed fot t ronsportatlon focll illes. Any l ond use oetiviHes i n t he moppe on ifl'o/Qi uoble plooning tool ond o proper subjed ollhe police power. sOid the Court: the County's ability to pion for future growth would be seriously impoded wlth01.1t !he Tho r oug hfore Mop. This wos In con t rast to t h e mop of reservation In Joint Ventures,: : which wos as pJjmorily for the purp_ose of reducing futuro right-of-woy .. acquisition co'sts . Finally, It Wos this basis in the comprehensive plan which olforded the local go\lemment on opponunity to wne,., unlike tho FOOT requirel)lents chollengod In Join! Ventures, which precluded issuance of any devel opmen t permits in rriopp&d corridors. I n Its analysis, !he oourt stoted. t hottho thorough fare m a p outlines generalized corridors, ord therefore o takings cla i m cannot be dete r mined until the property ownor submits on oetuol opplicotlon. When the thoroughlore mop b implemantod, on aggrieved awner could then bring on inverse condemnation proceeding to detonnine a toldng hod occurred. 51


Dolan vs. City of Tigard /. . --:. -,. . . . Private property owners moy not be required to corry o disproportion ate shore of o public burden. Regulatory exactions such os mandatary dedication of transportation right-of way, must be roughly proportionol. both in nature and extent, to the impact of the proposed development. Dolan v. City of T igard (US 1994). 52 held that "the city must make some sort of indi vidualized determination that the required d edica tion is related both in nature and extent to the impact of the proposed development ... beyond a conclusory statement that the dedication 'could offset some of the traffic demand generated by the development." A recent Washington Supr eme Court case illustrates this burden of proof The case involved applica tions for four s hor t plats submitted b y a property owner. The re\iewing County conditioned ap proval of the plats on dedication of rights-of-way (ranging from 5 fee t to 25 foot) for future improve ment of the abutting publi c roads. Supporting information included curren t road widths, road standards, and current projected road use. The Court upheld the dedication requirements, stating: "(the! report prepared by the county pla nning office for each short plat documented deficiencies in right-of-way width and surfac ing of adjoining slTeets and [the) couttty calcul ated [an! increase in traffic and specific need for dedication of right-<>f way based on ind iv idual and cumulative impacts of [a) series of short subdivisions."' Guidelines For Regulating Access The Florida Supreme Court has defined the right of access as one of reasonab l e access to the system of public \lays. In determining whether access is reasonable, Florida courts look t o w hether access been substantially d im inished Because circum stances of individual propert ies vary widely the ava i lab i lity of reasonable access must be deter mined on a case by-case basis This is evaluated on a continuum from relatively m inor route changes, whkh are not usuaiJy compensab l e, to extremely circuitous rerouting of access, which may be comptnsablc. Below are general guidelines commonly applied by courts in cases involving access control: a romp1ete loss of access is always a taking; a substantia l J oss of access to private property may result in a taking and warrant compensa tion even th o ugh no phys ical appropriation of property has occurred; loss of the most convenient access, or increase in circuity of access, i s no t usually compensable where other suitable access continues to exist; go\'emmenta l actions that diminish traffic flow on an abutting such as installation of a raised median, ar e not a taking: damages must be peculiar to that property and not common to the public at large for compensation to be paid; and recoverab le damages are limited to the reduc tion in property val ue c aused by t he loss of access, but if the property is landlocked the e ntire parce l may have to be purchased. s The Florida S tate H ighway System A cces s Manage ment Act prohibits loca l governments from imposing access management standards on s tate h igh ways more restrictive than those of the Florida Department of Transportation. This restriction does not appl y to roadways under local jurisd ic tion. \"/her e Inconsistencies arise bcrueen state and local governments in driveway permitting on state highways, courts have determined that states have th e final say. An appellate court in New York ruled that the state DOT' s authority to impose conditions on a driveway permit alon g a state highwa y was not affected by the local go\'emment's removal of those same condi t ions, (Wilite v. Westage Dei--elop men Group(N.Y. App. 1 993).


The Florida Private Property Rights Protection Act Florida's new property-rights law establishes a proce dure whereby property owners may be compensated for new regulations reslrictixog the use of tboir property. Property owners must first demonstrate that the new rule inordinately bur dens thir property or a vested right to a spn Oh(o co urt uph eld Pl.onned Unit ... .. cholleitg e too sta o driveway permrt. condiDevelopment (PUD) which reqUire(i : fiO n requ i ri l"'g a come r proper.ty t o Shore i n stollotion of a shored re a r acCeSs drive : Occess cit its boundaty line wrth fhe adjacent . a l ong o highway. corr i dor on the basis t h a t, propeily h.-ld that Porodyne may < the abi lity t o eon tr61 all of t he trollic serving . '!' conced itS p rpperty right s the subject site and th& 11 lots o f the site' . only where t he condifion 'furthers 0 publit is by the uses of the purj:iose ref oted t o the permit requir ement, roo d s o .nd t he s ingle traffic light ... Such .. the etoriiini:iffori of undue disruplirin of . tro1fie .. circuity of access cind the resul ting incon.Ve. or fhe cr eotion of sofety haz ards. The . .. .' nfeoce i s 'not

--------------------------------------------------CoNCLUSION Corridor management links tion, land use, and environmental plan ning. It also promotes improved coordina tion within and across the agencies for transportation improvements. For U\is reason, it is an avenue for strengthening the quality of trans portation decisions at every level of goverrunent However, some issues must still be resolved. Key among these is the need to address land use and environmental considerations earlier in the transportation p lanning process. Although this requires more time for transportation systems planning, it will save time and money in the long run. It v.'ill also promote greater consis tency of transportation and growth management decisions. The primary role in preserving right-of-way and managing corridor development lies with loca l governments-through comprehensive planning and land development regulation. States and metropolitan planning organizations will need to w ork with local governments to develop appropri ate corridor management strategies. Rathe r than focusing on prope rty acquisition, agencies respon sible fur transportation improvements should emphasize c orridor preservation techniques This handbook has a ddressed a variety of tech niques. As demonstrated in the case studies, no single approach fits all. Communities will need t o Property Ac:qulolllon . Corridor Management Techniques.. : Pta n '*'II and RegulaUona .. . . . Mitigation . MeasureS thoroughfare Pions. . T r ansfe r of eoilabomtw Appo:oachea l n fon: nof Nego tiotions Emfn. ent . Fee Simple Purchase. . . . Development Rights or Mop$ of . Density CrGdit s lnte;.govemment o l . . Coo rdinotiol1 Advance Acquisition Purchosa ;o! Development Rights . OPtions. to P UrchaSe. ' . . lohd ?wops MQnogement Speci a l fxcEi'ptions : Waivers, q n d Variances Dedications & E xadions . l mpod Fe.. Credits . B uilding Setboc b Tax Abotemen t Corridor Overlay Zones . r nterim Use .Agr eements . DownzoiilnQ : .... . ... au ster Zonin g .. . select techniques that are suitable to their circum stances and admirtistrative capacity. Whatever the approach, it is important to adhere to legal guide lines that have emerged from the courts, to coordinate with other transportation agencies, and to provide opportunities for early and continuing public involvement . Partnerships I Tronsportatioi:\ . CorporotiOO s Public lnvolvemeni 55


-----------------------GLOSSARY OF TERMS way or means of approach to provide vehicular or pedestrian entrance or exit to a property. Access Classification-A ranking system for roadways used to determine the appropriate degree of access managemenL Factors considered include functional classification, land use and zoning, subdivision of abutting properties, and exisliog level olaccess control. Access Connection Any drivev;ay, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system. Access ManagementThe process of pro\riding and managing access to land development while preserving the regional flow of traffic in terms of safety, capacity, and speed. Access Management Plan (Corridor)-A plan illustrating the design of access lor lots on a highway segment or an interchange area that is developed jointly by the state, the metropolitan planning organization, and the affected jurisd.i ction(s) Arterial-A highway intended primarily for through traffic and where access is carelully controlle d Corridor Overlay Zone-Special requirements added ont o existing land development require ments along designated portions of a public thoroughfare. Cross Access-A service drive providing vehicular access bet w een two or more contiguous sites so the driver need not enter the public street system. Collector RoadS'-Roads intended to move traffic from local roads to secondary arterials Dedicat i on a conveyance of property by a private owner to the public DeedA legal document conveying ownership of real ptO!"'rty Exception-Permission to depart frol!l design standards in an ordinance due to unique stances of the site or project. This does not require the same findings of hardship as with variances, but does involve findings of fact to support th. e need for an exception. Easement-A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structw'es. Exactions-<::o.niTibutions or payments required as an authorized precondition for receiv ing a development P"rmit (Exactions may refer to mandatory dedications of land for road widening, or monetary assessmeots, such as transportation impact fees In all cases, there must be a nexus and rough proportionality between the amount of the exaction and the purpose lor whicl\ it is used.) 57


58 Frontage Road-A public or private drive which generally parallels a public s treet between the right of-wa) and the front building setback line. n,. frontage road provides access to private properties whi l e separating tht>m from the arter ia l street (se e also Service Roads). Functional Area (Intersection)-That area beyond the physical interset:tion o f two controJled access facilities that comprises decision and maneuver distance, plus any required vehicle sto rage length, and is protected through comer clearance stan dards and driveway connection spacing standards. Functional Classifi

existing owner if other property rights are transferred; b) a method of holding land for a public use by designating public areas on a plat, map, or s i te plan as a condition of approval. Restrictive Median-A physical barrier in the roadway that separates traffic traveling in opp<> site directions ... such as a concrete barrier or landscaped island. Right-of-Way -Astrip of land occupied or in tended to be occupied by a street, sidewalk cross '"'.ral.k, railroad, road, electric transmission line gas pipeline water main.. sanita1y or storm '"ater main, shade trees, or for another special use. (Land in which the slate, a county, or a municipality O"-"nS the fee simple title or has an easement dedicated or required for a transportation or utility use) Service Road-A public or private street o r road, auxiliary to and normally l001ted paralle l to a controlled acress facility, that maintains local road continuity and provides access to parcels adjacent to the controlled access facility. Sight Distance-The length of roadway visible to the driver of a vehicle, as measured along the roadway t o a specified height above the roadway. Thoroughfare Plan MapA map that depicts all roadways contained on the long range traffic circulation map and identifies tl1e right-of -way widths for each roadway. The tho roughfare plan map is the officia l listing of r ights-of-way to be reserved Traffic Circulation Element-The portion of a comprehensive plan designed to establish the desired and projected transportation system in local jurisdictions and plan for future motorized and non motorized traffic ciiculation systems. \Vaive.r-Permission to depart from the require ments of an ordinance where required conditions are satisfied (see also Exception) 59




-----------------------.-. -----------------------FoR FuRTHER INFORMATION A ccess Management Bishop, K. Designing Urban Corridors, Planning Advisory Service Report Number 418,American PlarutingAssociation,Planners Pres .s: Chicago, 1989. Center for Urban Transportation Research/Florida Department of Transportation, MDdell.and Development & Su1Jdiviswn Rtgulatwns that Support ACCMch Board, National Research Council, Washington, D.C., 1992. Plannb>g & Zonb>g Center Inc., !And Division and Access Centrals, Michigan Society of Plannb1g Officials, Lansing, Michigan Ap r il1990. Stover V., and F. Koepke, Transportation and Land D.-. .. lcpment. institute of Transportation Engineers, Prentice Hall: Englewood Oiffs, NJ, 1988. TRR Circular Numher 456: Drivewoy and Street Intersection Spacing, Transportati o n Research Board, National Research CounciL Washb>gton, D.C., 1996. USDOT /FHWA, Proceedings of the First National OJnfel'r!llce on Access MRnagement, Vail CO, 1993. US DOT /FHWA, Proceedings of the Second National Conference on Ac= Mnnagement, Vail, Colorado, 1996. Williams, K. and J.R Forreste r NCHRP Synthesis 233; Land Development Regtilations tlU!t Promote Access Management, Transportation Research Board, National Res

62 compensation for partial regulatory takings/1 62 Te,mes see Law Review, 403-424, Winter 1 995. Florida Department of Transportation, Office of Right of-Way, "Rig/it-of-Way Pnxed11res MJmual," Februa ry 1996. Richardson, M., "The Ro l e of the Public Trust Doctrine in Eminent Domain Decisions,'' (A Symposium on Regulatory Takings), 1995 Detroit College of Low Review, 5568, Spring 1995. Growth Management Nelson, A. and J. Duncan, CrrJWth MaMgement Principles & Practices. American Planning Association, Planners Press : Chicago, 1995. State Transportation Policy Initiative, TranspOrtati()n atJd Growth Management: A Platmi,g & Policy Agenda. Center for Urban Transportation Research,. Tampa, Florida, 1994. Freilich, R.H., and S.M. White "Transportation Conges tion and Growth Management : Comprehensive Ap proaches to Resolving America's Major Qua lity of Life Crisis;' Loyola of Los Angeles Low Review, Vol. 24, June 1991, pp. 9 1 5 -978. Impact Fees Nicholas,)., A Nelson, and) .jucrgensmeyer A Practitioner's Guide t() Dtvtlopment Impact Fees. American Planning Association, Planners Press: Chicago, 1 991. Nelson, A ed., Development Impact Fees, "Paying for Growth." American Planning Association, P lanners Press: Chicago, 1988 Public Involvement Creigh ton, J.L Invol-ving Citizens in Community Decision Making: A Guidebook. Program for Commu nity Problem So l ving, Washing t on, D C., 1992. Creighton., J.L., The Public lnt.'Olvement Manual. cambridge: A BT Books, I 981. Federal Highway Administration, Federal Transit Administra tion, lnn()vations in Public lnt.'Olvtment ft' Transportatitm Planning, U.S Department of portation, january 19 94. Godschalk, D.R., et al., Pulling Together: A Planning and Devel()pment Consensus-Building Manual. Urban land I nstitu t e in cooperation wit h the Program for Community Pro ble m So l ving, 1994. WiiJiams K., et al., A Public Involvement Handbook For Median Projects, Cen ter for Urban Transporta .. lion Research. 1995. Wilson, Frank & Associates Inc. NCHRP Report364, Public Outreach Handbook for Departments of Trans portation, Washington, D.C., 1994. Right-of-Way Preservation Ameri<;an A$$0ciation of S tate Highway and Transportation Officials. Rt'pDrt of tile AASHTO 'Iilsk


Force on Cortidor Preservation, Washington, D.C., July 1990. Bodwt R., "Final Report: Cf-Way with Official Maps," Pla11ning & Zo11ing News, July 1991. Transit-Oriented Development A Guide to Land Use and Public Transportation for Stwhomis/1 County, Washington. SNOTRAN, Snohomish County Transportation Author ity, December 1989. 63


64 A Guide to Land Use and Public Transportation Volume II: Applying the Concepts. SNO -lRAN, Snohomish County Transportation Authority, December 1993. Crenling Transporlation Choices Through Zoning: A Cuidt for Snohomish County Communities. SNO TRAN, Snohomish County Transportation Author i ty, October 1994. Planning for Transit-Friendly Land Use: A Handbook for New Jersey Communities. NJTransit, June 1994. Zoning and Subdivision Regulation Brought, M., A Unified Der;elopmmt Ordinance. American Association, Planners Press: Chicago, 1985. Freilich, R. an d M. Schultz Model Subdiviswn Regulations. American Planning Association, Planners Press: Chicago, 1995. Johnson E., and E. Ziegler, eds., Development Agreements. Rocky Mountain Land Use Institute, 1993. Listokin, D and C Walker. The Subdivision and Site Plan Handbook. Rutgers: The State University of New J ersey, 1989. McPherson,J., D.Colfey and G. Easley, Model Land DI!Vtlopmenl Code for florida Cities and Counties, prepared for the Department of Conununity Affairs December 1989. Wyckoff, M., Grand Tr....,... Bay Region Sample Regulations. Planning & Zoning Center Inc., Lansing, Michigan, September 1992.


-----------------------------fLORIDA'S 1995 CORRIDOR MANAGE M E N T L E GISLATION Se<:tion 2. Subsection (30) is added to section 163.3164, Florida S tatut es, to read: 163.3164 Definitions -As used in this act (30) "Transportation corridor management" means the coordination of the planning of desig nated future transportation corridors with landuse planning within and adjacent to the corridor to promote orderly growth. to meet the concurrency requirements of this cllapteo:, and to maintain the integrity of the corridor for txansportation pur poses. section 163.3177, Florida Statutes, is amended to read: (b) A traffic circulation element consisting of types, l ocations, and extent of existing and proposed major thoroughfares and tTansportation routes, including bicycle and pedestrian ways. Transpor tation corridors, as defined ins. 334.03, may be des ignated in the traffic circulation element pUI'Suant to s 337 273 If the tTansportation corridors are designated, the local government may adopt a transportation-corridor-management ordinance. Section 25. Section 337.243, Florida Statutes, is amended to read: 337 243 Notification of land use changes in designated transportation corridors (1) If a local government designates a transporta tion corridor that includes a facility on the Sta t e ll.ighway System in its l ocal government compre hensive plan and has adopted a transportation corridor-management ordinance, the local govern mental entity shaU give reasonable notice by certified mail to the department prior to approving any substantial zoning change or subdivision plat changes or granting of a building permit or development permit, as defined ins. 380.031(4), for land use or the erection, alteration.. or moving of a building for property within the designated trans portation corridor which would s u bstantially impair the viability of the corridor for future transportation uses. This notification requirement shall not appl y to any routine maintenance or emergency repairs to existing stTuctures. Upon notification_ the department shall determine whether to purchase the property affected or to initiate eminent domain proceedings. The department's determination shall not affect the granting or denial of the permit by the local gov ernment. The local government shall not be liable to the department for failure to make r>otification to the department pursuant to this section 65


66 (2) Any right-of-way located within a designated transportation corridor may be acquired at any time by the department when the acquisition is determined by the department to be in the public interest to protect the designated transportation corridor from development or when the transporta tion corridor designation creates an undue hardship on the affected property owner. Section 26. Subsections (7) and (8) of section 337.273 Florida Statutes, are repealed, and para graphs (a), (b) and (d) of subsection (2) and subsections (1), (3), (4), and (6) of that section are amended to :read: 337.273 Transportation Corridors. (I) It is hereby found and declared that : (a} Immediate and deci sive action must be taken to p1an, designate, and d e velop t ransportation (Orr i dors w ithin this s t ate i n order that the public health, safety, and welfare may be protected, preserved? and improv e d by planning for futur e growth, coordinat ing land-use and transportation planning, and complying with the concurrency requirement s of Chapter 163. (b) Traffi c congestion and facility overcrowding on the Stat e Highway System constitutes a serious and growing probl e Jll; impedes the development of an e ff ective transportation system; results in increased incidents of traffic accidents, p e rsonal inj ury, and property damage or loss ; causes environmental degradation; impe d es sound economic growth; impairs effective growth management inc luding the ability t o meet concurrenc}' requirement s and coordinat e land-u..o;e deci sions and t ran.o;portat ion planning; discourages tourism; aggravates social discord; increases maintenance costs; shortens the effective l ife of the transportation facility ; delays public evacuation for natural storms and emergen cies; impairs national defense and disaster re sponse readiness; delays response time for emer gency vehicles; signifi cantly increases public infrastructure needs and associated public costs, such as police fire, accident, medical, and hospital costs; and othen,,tise i s injurious to the public health, safety, and welfare. (c) The designation and management of transportation corridors and the planning and development of transportation facilities within transportation corridors will substantiaiJy assist in allowing government to alleviate traffic congestion and transportation fadlity overc rowding.. aid in the development of an effe c t ive transportation system that is coordinated wit h land-use p lanning. assist in planning for future growth, enable compliance with concurrency requirements, and alleviate the heretofore described health, safety and welfare liabilities to the public. (d) The designation and management of transpor tation corridors c-an best be achieved through the inclusion of transportation corridors in the local government comprehensive plans that are developed, te\'iewed, and adopted pursuant to Chapte r 163, in order t o ensurecomprehensive planning for future development and growth, improved coordination between land use and transportation planning, and compliance concurrency n.-qu ir<.'m(.'nts. (2) It is further found and declared that: (a) Investments in transportation corridors cannot adequately coordinated with landusc decisions without time I}' preservation/ management? or


------------acquisition of pn:>perty necessary to aommodate cxistin& and planned tranSp<>S increasingly onerous burdens on public r evenues, seriously impedes the ability to plan lor future growth, substantially impairs or arrests.oundgrowth, impedes the provision of transportation inlrastrudun! roncurrent w ith the impact ol development, retards the provision of an adequ.te transportation system lor the people in the state, aggravates traffic problems, and substan tiaUy hampen the elimination of traffi c hazards and the improvement of traffi c facillties. (d) The prevention and elimination of tralftc conge1tion on the State Highway System and the protection, management, and early acquisition ol property to acoommodate futune transportation lacilltie! is a matter ol state poucy and state onler that the state, counties, and municipalities shall not continue to consume an excessive proportion ol limited resources on the eent agreements, to manage land US for future use will, ol necessity, require acquisition without design plans and profiles project development, andcC>rl$tru c Hon information; and it is intended b y the Ltgislature that such adv"""" acquisition, including acquisition utilizing the powt'r of eminent domain, must nevertheless occur t o avoid the scciaLeronomlc. health, safety, and welfare liabilities heretofore declared. (6) A local govcrrunent may desit;nate a transpo rt\\, tion corridor by including the corridor in the entity's comprehensive plan traffic circulation or transportation clemcnl A transportation-managementonli.rulnce maybtadopted for designated tr.msportation corridcn The transportationcorridor management cnlinanceshould rontaln the criteria to manage the land uses within and adjacent to the transportation corridor, the types of restrictions on nonresidential and residential ronstruction within tht designated identification of permitted land uses within the designated corrldot a public notification process, a variance and appeal process, and an intergovernmental cootdination process that provides lor the coordinated management of transportation dors that cross jurisdictional boundaries with the plans of adjacent jurisdictions. local governments may adept such add itional ordinances and rcguLl tions as necessary to monage designated tr.msportation oomdors. 67


CUTR Center for Urban Transportation Research Coltege of Engineering Univers ity of South Florida 4202 E. Fowler Avenue. ENB I 18 Tampa, FL 33620-5350 phone C813l 974-3120 fax (813) 9745 168 Gary L. Brose!!, htlp:liw ....