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• Note: Although there are no internal streets, "street trees" will be provided along project <br />driveways. <br />Timing of Construction <br />(20) In each mixed use P.D., construction of no more than three (3) acres or fifty (50) percent of <br />the total commercial area allowed, whichever is greater, shall be constructed until at least <br />twenty-five (25) percent of the proposed residential development (units or lots) has been <br />constructed, and no certificate of occupancy shall be issued for commercial area exceeding <br />three (3) acres or fifty (50) percent of the total commercial area allowed, whichever is <br />greater, unless at Least twenty-five (25) percent of the total residential development has <br />received certificates of occupancy or certificate of completion. <br />Note: The applicant is proposing to construct the commercial buildings on Lots 1 and 3 in the first <br />phase which totals less than 3 acres of commercial. The applicant will commence <br />construction on at least 25% (40 units) of the total number of project residential units prior <br />to release of the site plan/building permit for commercial Lot 2. The proposed development <br />timing meets this criterion. <br />Based on the above analysis, staff has determined that the proposed PDMXD zoning and conceptual PD <br />plan meet all applicable mixed use criteria. <br />22. Reverter to Original Zoning: <br />The PD rezoning ordinance will contain a reverter clause which will return all of the subject <br />property to its original RM -8 zoning if construction has not commenced within 7 years of the <br />conceptual PD plan approval date. Once project construction starts, the PDMXD zoning will be <br />permanent, unless rezoned by the Board. <br />All conditions recommended by staff have been accepted by the applicant, except that the applicant does <br />not agree with recommended condition #4 which would prohibit a fast-food restaurant with a drive-through <br />on the proposed commercial lot (Lot 1) that will abut Sixty Oaks. <br />RECOMMENDATION: <br />Based on the above analysis, staff recommends that the oard of County Commissioners approve the <br />proposed Planned Development Mixed Use District (P XD) rezoning and the conceptual PD plan, with <br />the following conditions: <br />/.S6 PAGE 181.14 <br />1. Prior to site plan release, the;applicant shall obtain staff approval of the final architectural <br />elevations for all proposed structures. <br />2. Prior to the issuan, of the first certificate of occupancy (C.O.) the applicant shall: <br />a. Insta11/611 required on-site mitigation trees. <br />b. Cquriplete all landscape and opaque feature improvements along the project site's <br />stfitire west property line, as depicted on the approved conceptual PD plan. <br />F:\Community Development\CurDev\BCC\2014 BCC\Thereserveatverobeach(PD-14-06-04).doc 15 <br />180 <br />