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_I <br />WAY 2 3 1999 eooK 76 FACE o92 <br />TO: James E. Chandler <br />County Administrator <br />DIVISION HEAD CONCURRENCE: <br />Robertt M. Rea i g, P <br />Community Devel pme D'rector <br />�CP <br />THROUGH: Stan Boling, <br />Chief, Current Development <br />FROM: Robert E. Wiege r� <br />Staff Planner <br />DATE: May 9, 1989 <br />SUBJECT: REQUEST TO DEDICATE FUNDS IN LIEU OF PUBLIC ACCESS <br />EASEMENT FOR SANDPOINTE UNIT II SUBDIVISION (RIVERSIDE) <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at its regular <br />meeting of May 23, 1989. <br />DESCRIPTION AND CONDITIONS: <br />Sandpointe Unit II Subdivision (Riverside) is the second phase of <br />a proposed 100 lot subdivision of a ±52 acre parcel of land. The <br />property is located immediately south of Seagrove Subdivision and <br />lies on both sides of S.R. A.I.A.. The developer has developed <br />and platted the property on the east side of S.R. A.I.A.,and the <br />owners are currently undergoing .reparation to commence develop- <br />ment of the portion of this property which lies between S.R. <br />A.I.A. and the Indian River. <br />Because the property has over 600 feet of river shoreline, a <br />public access easement running from S.R. A.I.A. to the River is <br />required pursuant to Section 10(r) of the subdivision ordinance. <br />In lieu of actually providing such an easement, the Board of <br />County commissioners may accept a monetary dedication to the park <br />development fund in an amount equal -to the fair market value of <br />such an easement. <br />Currently, the County is involved in a lawsuit where a developer <br />is asking the Court to strike -down the County's public water <br />access requirement. The outcome of the lawsuit should greatly <br />affect the disposition of this requirement. Current County policy <br />is to continue to apply the requirement during the lawsuit, but to <br />hold "in escrow" any dedicated funds or easements until the <br />lawsuit is settled. <br />At its regular meeting of October 81 1987, the Planning and Zoning <br />Commission granted preliminary plat approval for Sandpointe <br />Subdivision, subject to the condition that either the actual <br />public access easement be provided or a monetary dedication be <br />offered that is acceptable to the Board of County Commissioners. <br />The owners, Wildfield Properties, Inc., through their agent, <br />Carter Associates, Inc., are now requesting Board approval to <br />accept an $8,200 dedication to the park development fund to <br />satisfy the water access requirement of Section 10(r) of the <br />subdivision ordinance. <br />10 <br />