§ 9-45. Benefits which can be expected from the provision of the facilities and services to the district.

(a)

Each of the tax map parcels contained within the district consists entirely, or nearly entirely, of property which is obligated to construct the facilities described in section 9-43 of this division as a result of the zoning condition. The creation of the district will benefit all owners of property within the district by eliminating the requirement that each landowner obtain approval of a phasing plan for construction of the facilities prior to development and by instead placing the responsibility for constructing the facilities on the county.

(b)

The construction of facilities will also make the real estate in the district more accessible to motor vehicles traveling in and through the county by providing for the free flow of traffic without substantial motor vehicle congestion. Such increased accessibility will improve the value of the real estate in the district and facilitate the development of the real estate within the district for its highest and best use in accordance with the zoning for the property.

(c)

Prior to actual construction of the facilities, all property within the district will benefit from the transference of the responsibility for constructing the facilities from the landowners to the county because the zoning conditions require the landowners to obtain approval of the phasing plan for construction of the facilities prior to development. The transference of the responsibility for constructing the facilities to the county pursuant to the zoning conditions will allow landowners to develop their property without having to obtain such phasing approvals. Adoption of this division shall constitute approval by the director of transportation of the phasing plan required by the zoning conditions, insofar as it relates to the facilities to be constructed pursuant to this division. However, nothing contained in this division shall be construed to affect in any way any requirement which pre-dated the adoption of this division for any property to be dedicated to the county for the construction of any of the facilities described in section 9-43.

(Ord. of 11-22-05(2), § 1)

(Ord. of 11-22-05(2), § 1)