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4/19/1999
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4/19/1999
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of roof peak no higher than 65). As discussed and recommended by the Professional Services <br />Advisory Committee and the Planning and Zoning Commission, this provision will ensure <br />conformance of the existing Disney Resort main building with the proposed changes. <br />Staff's research indicates that the few buildings that have been approved over the years under the <br />weighted mean roof height averaging policy would conform to the proposed amendment. Therefore, <br />the amendment would be consistent with past practice but would not allow "abuses" where taller <br />portions of buildings would otherwise be possible if no absolute threshold were proposed. <br />In summary, it is staffs opinion that the county should continue to use the mean roof height <br />approach on sloped roof structures because that approach limits building mass and has seemed to <br />work well for years. The proposed amendment is consistent with that approach. <br />Staff Recommendation: Approve the proposed amendment <br />PSAC Recommendation: Voted (6-0) for the same recommendation as staff <br />PZC Recommendation: Voted (6-0) for the same recommendation as staff <br />6. Half -Streets <br />In past decades, subdivision developers platted standard grid subdivisions that sometimes resulted <br />in half -streets platted at an edge of the subdivision. Such half -streets were approved with the intent <br />that, when the adjacent property was platted, the half -street would be made whole by dedications and <br />improvements from the second developer. In that way the grid pattern would simply be extended. <br />Staff s research indicates that there are 42 half -street segments in the unincorporated area of the <br />county. Almost all of these segments are in the south county and around Vero Beach. <br />Right or wrong, the county no longer requires the street grid to be extended. Instead, the county <br />subdivision ordinance allows creation of private streets and cul-de-sacs that are not required to <br />integrate with or "extend" public streets. Since 1983, however, the county subdivision ordinance <br />has required half -streets to be made whole by developers whose projects abut existing half -streets. <br />Through a recent legal review of the county's half -street requirement, staff has determined that an <br />LDR amendment is needed if, in all cases, the county is to successfully ensure that half -streets can <br />be made whole by developers of projects that abut existing half -streets. Re -enforcing the county's <br />half -street requirement is necessary becauseif a property abutting a half -street is platted without <br />contributing toward making the street whole, then the community can be forever saddled with a <br />substandard half -street that should function as a whole street. <br />Under current legal theory and existing subdivision regulations and policy, a developer who is not <br />required to design his or her subdivision to access an abutting half -street cannot then be required to <br />contribute toward making the half -street whole. Making it whole at the very least involves <br />dedication of right-of-way. <br />To maintain the county's long-standing requirement and policy, the proposed LDR amendment <br />would require a developer to contribute toward making a half -street whole, even if the developer is <br />not required to access and upgrade the half -street or otherwise integrate it into his or her project. <br />Under the proposed LDR amendment, the developer would have the following options: <br />1. Apply for and obtain abandonment of the half -street. If the half -street is abandoned, <br />then no requirements would apply regarding making it into a whole street. <br />2. Design access to and integrate the pre-existing half -street into all or a portion of his <br />or her project. Contribution toward making the half -street whole would be required, <br />and the improved half -street would directly serve lots in the new subdivision. <br />April 19, 1999 <br />7 <br />BOOK 100 FAGS OO <br />
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