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12 1993 BOOK PAGE That prior to approval of or via the final plat, the applicant be required either to dedicate Sunset Pointe Lane as a public road, or provide legal access rights for the use of Sunset Pointe Lane for the future development of the property immediately north of Sunset Point Subdivision. This modified condition shall become a condition of preliminary plat approval. The Planning and Zoning Commission action to grant preliminary plat approval with all other (non -access) conditions is hereby upheld. Scenario 3 Scenario 3 is the design that would most probably result from the staff recommendation to the Planning and Zoning Commission. The design and access rights situation would allow any lots created on the O'Haire tract to front directly on Sunset Pointe Lane. This design eliminates all negative factors related to the "double roadway" designs, and provides for a lot layout that is more consistent with the area. This design is the most environmentally sound, most efficient use of property, least disruptive from the standpoint of traffic circulation and public facilities impacts, and most in keeping with the south beach area. CONCLUSION: The staff believes that scenario #3 is the best solution available for the subject property and general area given the existing circumstances. Furthermore, it is staff's opinion that subdivision ordinance section 913.09(3)(c)B provides the county the authority to require access rights to Sunset Pointe Lane for the future development of the O'Haire tract. As previously stated, it its staff's opinion that compensation can be required by the developer in return for any access rights granted. Staff supports the appellant's claim, which is consistent with staff's access condition recommendation given_ to the Planning and Zoning Commission, and recommends that the Board of County Commissioners adopt staff's original access condition. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners approve the appeal by modifying the Planning and Zoning Commission's access condition to read as originally recommended by staff. The access condition would read as follows: The Chairman opened the public discussion. Michael O'Haire, 575 Highway AlA, owner of the property north of the proposed Sunset Pointe subdivision, recapped events leading up to this meeting. He related that he does not intend to develop the property during his lifetime, but his children will probably develop it in the future. He had offered to impose restrictions whereby any development of the property would bear its share of the maintenance and security costs of the proposed roadway, but Mr. Krovocheck wanted additional restrictions on development of the 56