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'7 DEC 111985 BOOK AE DESCRIPTION AND CONDITIONS At their October 24, 1985 meeting, the Planning and Zoning Commission considered a major site plan application submitted by Marvin Penalba. The development plan proposed the construction of a two-story retail sales/ professional office building on the east side of U.S. Highway #1, between 81st Street on the south and 81st Place on the north. The .88 acre site is within the C -1A, Restricted Commercial District and the U.S. Highway #1/C.R. 510 Commercial/Industrial Node. Several aspects of the site plan presented for approval, specifically access and right-of-way improvements, were in direct conflict with the Site Plan Ordinance. Due to that fact, the Planning staff recommended that the Planning and Zoning Commission instruct Mr. Penalba to submit a revised plan to the Technical Review Committee that contained revisions and agreements to bring the plan into conformance. The Commission concurred with staff's recommendation, and it is that decision to concur that Mr. Penalba is appealing to the County Commission. ANALYSIS The subject property has frontage on U.S. #1, 81st Street, and 81st Place, the latter two being unpaved local roads. The site plan depicts the paving of 81st Place from U.S. #1 to the east property line and two points of access off of 81st Place. Based upon its depiction on the site plan, the paving will be completed prior to the issuance of a certificate of occupancy. One of the revisions that the Planning and Zoning Commission instructed the applicant to make was to close the existing U.S. #1 curb cut and access the site from one or both of the local roads. It is a requirement of the Site Plan Ordinance that sites located at intersections shall access onto the roadway having the lower functional classification. The Planning and Zoning Commission was aware that it was a retail sales/profes- sional office facility that was being proposed; however, the members believed lack of a direct access onto U.S. #1 would not be a hindrance to customer attraction due to the adjacent 81st Street and 81st Place curb cuts. A second requirement of the Site Plan Ordinance that Mr. Penalba was instructed to incorporate into a revised site plan was right-of-way dedication. 81st Street, as a local road, has a minimum required right-of-way width of 60 feet. As only 40 feet exists, the applicant was informed he would be required to dedicate the southern 10 feet of the site to the County. The ordinance clearly states that land lying within a proposed development which is necessary to widen or extend a roadway shall be dedicated prior to release of the approved site plan. In addition, the applicant was informed he would be required to escrow 371% of the cost of paving his 81st Street frontage (82 feet), a recommendation of the Technical Review Committee that has been consistently upheld by the Planning and Zoning Commission. In requiring the dedication and the escrowing of funds, the Planning and Zoning Commission considered the fact that there are undeveloped parcels to the east which will eventually be accessed via 81st Street. 28 a � �