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of the general public. Also, nursing care services can b residents. The level of nursing facility itself is limited by procedures and regulations. 5. Open Space: Required: 408 Provided: 508 as an ACLF project, limited e provided to all project care allowed within the ACLF the State's ACLF licensing 6. Traffic Circulation: The conceptual traffic circulation plan provides for access to 45th Street and Indian River Boulevard. The County Traffic Engineer and Public Works Director have required that the entrance on 45th Street be the main entrance, with the entrance on Indian River Boulevard limited to right-in/right-out movements only. The conceptual traffic circulation plan also makes provisions to continue the internal loop road through the overall Grand Harbor project. Separate, internal local streets will provide access to individual project areas (pods) within Grand Harbor. 7. Stormwater Management: The conceptual stormwater plan has been reviewed and approved by the Public Works Department. The Public Works Department will perform a detailed drainage review when the land development permit for this project area is submitted. In accordance with PD requirements, project construction cannot commence until the land development permit is issued. 8. Utilities: The project will receive water and sewer service from the County Department of Utility Services. These utility provisions have been approved by the Environmental Health Department and County Department of Utility Services. 9. Dedications & Improvements: •Road Paving Requirements: The Oak Harbor project has approximately 21270' of frontage on 45th Street, which is considered a local road east of Indian River Boulevard. Pursuant to section 952.09(5)(d)1, the applicant -is required to pave 45th Street and provide a sidewalk from Indian River Boulevard to the project entrance, which the applicant has proposed to do. Presently, the county's LDRs [952.09(5)(d)2] require developers to escrow their fairshare of petition paving costs for future paving of currently unpaved local roads that front their project. It has been staff's policy to calculate the escrow amount to be 37.58 of the cost of paving, since 37.58 is typically the amount charged to property owners in the petition paving program (37.58 from each side of a road, 258 from the county). For weeks, planning, -public works, and county attorney's office staff and the Oak Harbor applicant have discussed the LDR road paving escrow and sidewalk requirements as applied to the unpaved segment of 45th Street located east of the project's proposed entrance road connection to 45th Street. Based upon legal advice from the county attorney, it is now planning staff's understanding that the current LDR requirement and policy to escrow 37.58 for future road paving, as applied to the Oak Harbor project, is not legal based upon new caselaw. As a result, future petition paving and paving assessment projects and proposals will involve future residents rather than commitments from developers. Lastly, staff anticipates that LDR changes will be needed to bring current portions of Chapter 952 in line with -current caselaw. 19 mor October 11, 1994