9/26/1989 - Laserfiche WebLink

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BACKGROUND AND CONDITIONS: On March 28, 1989 (the second Board hearing on the matter), the Board of County Commissioners adopted Resolution 89-31A which is the development order (D.O.) approving the Harbor Town Center Mall D:R.I. The proposed regional mall is to be located on the exist- ing "Whisper Lakes" golf course site located at the northeast corner of U.S. #1 and 53rd Avenue. At the time of D.O. approval, County regulations left few options to using wheelstops in parking spaces. Due to wheelstop requirements, the County did not include within the approved D.O. the language recommended by the Treasure Coast Regional Planning Council to prohibit the use of wheelstops within the project. Thus, the existing D.O. approved by the County conflicts with -the planning council on the wheelstop issue. The development order review process requires that at any time after local adoption, the development order shall be.transmitted to the regional planning council and to the state (Department of Community Affairs) for their final review at which time objections can be raised. At the developer's request, County staff has not yet transmitted the development order to the Treasure Coast Regional Planning Council (T.C.R.P.C.) and to the Department of -Community Affairs. The applicant desired "holding off" on trans- mittal until County regulations could be amended to better accom- modate the T.C.R.P.C.'s-development order condition relating to wheelstops. County regulations were recently_ changed to allow wheelstop waivers. The developer is now requesting. that the County amend its adopted D.O.J. bringing it into conformance with the T.C.R.P.C. wheelstop recommendation. Upon amendment of the D.O., staff will transmit the D.O. to the regional planning council and to D.C.A. to complete the D.O. adoption process. Along with the wheelstop amendment, staff is initiating (and the developer is in agreement with) a "zoning covenant" condition which was inadvertently left out of the final D.O. draft signed by the County. ANALYSIS: Section 1: Zoning Covenant The first section is the addition of specific zoning covenant language which is referenced at the end of the D.O. but which was inadvertently left out• of the final resolution signed by the County. The covenant is to be added to the section of conditions that establish construction deadlines for various portions of the proposed project. The construction deadlines, which are already contained within the existing D.O., ensure timely good faith construction progress. The zoning covenant will ensure that if mall development approval is terminated, no further commercial development can be proposed for a period of at least 9 months. During this 9 month period, the County may reconsider the land use designation and zoning of the site. Section 2: Wheelstop Language Modifications The current wheelstop language differs from the T.C.R.P.C. recom- mended language. Rather than prohibit wheelstops, the current language acknowledges "pros and cons" of wheelstops and simply states that the County shall address the wheelstop issue prior to project site plan approval. The County has now addressed the wheelstop issue. On August 24, 1989 the Board of County Commis- sioners adopted an ordinance amendment (Ordinance No. 89-24) that enables the granting of wheelstop waivers by staff under certain circumstances. Thus, County regulations can now better accommo- date a wheelstop prohibition condition. 24 poor,'° P �� 11