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Pursuant to current legal theory, planning, public works, and <br />county attorney's office staff have agreed that the future <br />paving of 45th Street (along with sidewalk improvements) east <br />of the project's 45th Street driveway will be accomplished <br />either by a paving assessment or by an owner/developer of <br />property east of Oak Harbor's entrance that needs to extend <br />the paved portion of 45th Street to his or her project <br />entrance. <br />•Right -of -Way: East of Indian River Boulevard, 45th Street is <br />considered a local road requiring 60' of right-of-way. The <br />applicant has documented to the engineering staff's <br />satisfaction that 80' of right-of-way exists for 45th Street. <br />Therefore, no additional right-of-way is needed for 45th <br />Street. Presently, there is 200' of right-of-way for Indian <br />River Boulevard; this is the total amount required. <br />Therefore, no additional right-of-way is needed for Indian <br />River Boulevard. <br />10. Concurrency: The developer will obtain a conditional <br />concurrency certificate prior to consideration of this <br />application by the Board of County Commissioners. Thus, <br />concurrency requirements will be satisfied. <br />11. Environmental: All of the environmental issues were addressed <br />with the initial Grand Harbor development approval. <br />12. Buffers:_ A 25' wide planned development setback is required <br />around the project perimeter. However, there are no buffer <br />improvements required within the setback area, and none are <br />provided. Staff notes that the proposed design will generally <br />use golf course areas around the project's southern and <br />western perimeters. Such open spaces will effectively provide <br />additional setbacks and "buffering". <br />13. Waivers: The applicant is retaining the same waivers as <br />approved with the original, overall Grand Harbor PD project. <br />These waivers allow small lot sizes and reduced building <br />setbacks within project areas. <br />14. Recreation Area: Pursuant to section 915.19, --there is a <br />requirement for planned developments over sixty units to <br />provide recreation area at az rate of 522.72 square feet per <br />dwelling unit. The Oak Harbor development will meet and <br />exceed'the recreation area requirement with a 9 hole golf <br />course, esturine boardwalk, bike path, foot trails, and other <br />amenities provided at the clubhouse. <br />15. Accessory Commercial: <br />Requested: 10,000 sq. ft. <br />Allowed: 10,000 sq. ft. (at project build -out with <br />500 units) <br />Pursuant to section 915.12, the applicant has requested the <br />ability to have up to 10,000 square feet of commercial uses <br />within the development. The uses allowed within the <br />development are those allowed in the CN (Neighborhood <br />Commercial) district. As per county planned development <br />criteria, commercial areas are restricted to 20 square feet <br />per dwelling unit, and no commercial area can commence <br />operation until a minimum of 100 certificates of occupancy <br />have been issued for the development. The commercial area is <br />to be contained within the clubhouse facility, which is <br />located more than 600' from any property perimeter. <br />- 20 <br />October 11, 1994 <br />M s M <br />