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Therefore, the Board needs to determine if, in fact, the re- strictions inow proposed by the developer (see attachment #4) meet the intent on of the Board's discussion and motion to approve the project and restrict membership and facility use. ANALYSIS: Staff reviewed an initial set of covenants and restrictions and responded to this proposal with a discrepancy letter from both the Attorney's Office and the Planning Department. (see attachment #3). Subsequently, the restrictions were -revised (see attachment #4 received by staff on July 19th) and reviewed by staff. The major issue involved goes to the heart of the Board's concerns about the use of the facility by the general public: a public "commercial -like" use versus a use deemed to be accessory to The Shores, Baytree, and Grand Harbor residential projects. The developer is proposing annual memberships available to persons not residing in any of the residential projects for the period of time until the projects are built -out. A "cap" of 2,475 memberships (2,400 memberships plus 75 "founder", gratis member- ships) is proposed. In the opinion of planning staff, the issue of prohibiting "tran- sient" memberships is addressed by the proposed restrictions requirement that beach club members must also be Grand Harbor Club or River Club members. The proposed 2,475 memberships is in accordance with comments made and discussed at the Board meeting at which the project was conditionally approved. Allowing (prior to project build out) annual memberships to non -project residents does not practically affect the project's use or impact: a maximum of 2,475 non -project members would have no significantly greater impact than a maximum of 2,475 resident members, since the Beach Club site is not located within any of the residential projects. RECOMMENDATION: Staff recommends that the Board of County Commissioners make a determination as to whether or not the condition, relating to membership restriction, attached to the Grand Harbor Beach Club special exception use approval allows for non -project resident memberships prior to buildout of residential projects. Assistant County Attorney William Collins recalled that when the Board granted conditional special exception approval for the Beach Club facility last December, one of the conditions was that membership restrictions be developed to insure that it would function as an accessory to a residential project rather than a commercial -type facility. In reviewing the membership restrictions drafted by the applicant, he didn't feel that he could sign off, because his understanding in reading through the Minutes of that meeting was that it was the intent that the club would be for the use of the residents of Grand Harbor, Bay Tree and The Shores. � � X999 9 BO�. JULL 2 bOK F',°:; .�:��