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requested and handled through two public hearings. The first public hearing would be held with the <br />County's Planning and Zoning Commission (PZC) and the second public hearing would be with the <br />County's BCC. <br />Use of the property with a special exemption would still need to meet the requirements of the <br />county's Land Development Regulations (LDR). On January 18, 2016, a pre -application meeting was <br />held with County staff to identify all applicable zoning requirements such as landscaping needs, <br />setbacks, rights-of-way (ROW), and other local permitting requirements such as a Utility <br />Construction Permit (UCP). <br />Included in the LDR is a requirement for the project developer to obtain a mining permit if 5,000 <br />cubic yards (or more) of excavated fill are removed from the site and transported over County <br />roadways. However, if the excavation activity is defined as "temporary," in nature and not part of <br />the overall site use, then a two month excavation and transport window is allowable to the <br />developer/owner without the need to rezone for a mining permit. <br />The subject property falls within the County's designated "other corridors" as outlined in Section <br />911.22 of the LDR, but after review of the applicable regulations, it does not appear that the <br />property would be subjected to those requirements. <br />LDR Section 952.08(1)(c) required the project to adhere to the County's minimum 60 -foot local <br />roadway standard. A 60 foot ROW already exists on the west side of the property, along 12th <br />Avenue SW. In discussions with County staff, this ROW is to be preserved even if the County were to <br />own both sides of the ROW (Osprey Marsh to the West, Subject Property to the East). While the <br />project would not add additional vehicles/trips, the County wishes to preserve the ability to develop <br />this roadway once sufficient level of service requirements dictate the need to do so. Such a future <br />roadway would connect 5th street SW to Oslo Road, aka 91h Street SW. <br />An Indian River Farms Water Control District (IRFWCD) ROW overlaps the existing County ROW. In <br />discussions with the Superintendent of the IRFWCD, CDM Smith was informed that the Farms may <br />consider abandoning their ROW interest since there is no longer a drainage canal present. <br />However, this action would be subject to the Farm's Board for final approval and only applicable if <br />the County were to own both sides of the northern portion of 12th Avenue SW. This option is not <br />available if the property is not purchased by the County or owned by a private developer. <br />In discussions with County staff it was suggested that 10th Avenue SW, and not Oslo Road, be used <br />as a potential access point for the site. This would negate improvements into the C/L designated <br />portion of the property that fronts Oslo Road. Thus, the Oslo frontage piece could potentially be <br />sold off to a private entity at some future time. However, as part of the LDR requirements, not only <br />would a 30 foot ROW dedication be needed along 10th Avenue SW, but also along the east/west <br />running 7th Street SW. See attached Figure 2-1 of the CDM Smith report which details the ROW <br />dedication required. <br />J:\Utilities\UTILITY - Engineering\WATER\Alternative Water Supply\Portofino Preserve aka Blackstone 83 acre site\Due Diligence Report for BCC <br />02_16_2016\Agenda - Due Diligence Report and OPC for 83 acre site for BCC meeting 02_16_2016 v2 cmc.docx Page 3 of 14 <br />101 <br />