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— M M <br />. Requested Amendment <br />The request proposes to amend conditions #10 and #11 of the D.O. <br />(see attachment #2) to allow for the issuance of a limited number <br />of certificates of occupancy (C.O.'s) prior to actual completion <br />of the approved estuarine system. Currently, the D.O. requires <br />that all of the approved estuarine system be completed prior to <br />the issuance of any C.O.'s for any portion of the project. The <br />proposed amendment would allow C.O.'s for up to 600 dwelling units <br />and a small portion of the Harbor Village, prior to completion of <br />the entire estuarine system, subject to the following: <br />1. execution of a contract between the developer and the County, <br />committing the developer to complete construction of the <br />entire approved estuarine system by January 1, 1989; and <br />2. posting of security to guarantee the construction contract. <br />ANALYSIS: <br />The State Department of Community Affairs, Treasure Coast Regional <br />Planning Council (T.C.R.P.C.) staff, and. County staff are in <br />agreement that the proposed amendment would not constitute a <br />substantial deviation, and represents a <br />of amendment. <br />Conditions #10 and #11 are important conditions, recommended by <br />the T.C.R.P.C. and adopted by the County to ensure completion of <br />the estuarine system. T.C.R.P.C. staff acknowledges that having <br />security posted for the completion of the estuarine system is <br />preferable to the existing D.O. restriction, because the posted <br />security would guarantee construction even if the development were <br />to "go under" (see attachment #4). <br />County and T.C.R.P.C. staff agree that the proposal to grant <br />C.0.'s for up to 1/4 of the project, in return for the applicant <br />planting 1/4 of the estuarine system and "bonding -out" for the <br />rest, is reasonable and is a better guarantee of ensuring <br />estuarine system completion. Couhty and T.C.R.P.C. staff have <br />inspected the Grand Harbor site and determined that a portion of <br />the system that has been planted in accordance with the approved <br />plan. <br />Adoption of the proposed amendments will allow the developer to <br />present the Board with a contract to complete construction of the <br />estuarine system along with posted security to guarantee the <br />contract. Upon approval of the contract and posted security, the <br />County can then issue Certificate of Occupancy for the allowed <br />number of dwelling units. <br />RECOMMENDATION: <br />Staff recommends <br />proposed D.O. <br />resolution. <br />that the Board of County Commissioners approve the <br />amendment request, and adopt the attached <br />57 <br />Boor. 70 F- E 304 <br />