Laserfiche WebLink
Gary Safarik, Chairman <br /> and Members of the County Council <br /> <br /> Page 2 <br /> (including acceleration/ deceleration and left turn storage lanes and pavement and <br /> shoulder widening) meeting with the requirements of the Department of Public Works, <br /> shall be completed and dedicated to the county. In addition, the applicant shall install and <br /> dedicate the traffic signalization improvements required in Condition C prior to the Final <br /> Subdivision Approval for more than 3501ots of twenty acres or less, or sooner in the <br /> event the warrants for such installation are justified by the chief engineer. In lieu of <br /> actual construction of infrastructural improvements required herein, except for Condition <br /> C, the applicant may enter into an agreement with the County to assure the County that <br /> the infrastructural improvements will be constructed together with the appropriate bond, <br /> surety, or other security deemed acceptable to the Planning Director and the Corporation <br /> Counsel. Upon execution of such agreement and/or filing of the security with the County, <br /> final subdivision approval for the subject property or portions thereof shall be granted <br /> prior to the actual construction of required infrastructural improvements." <br /> 'The applicant is requesting an amendment to Condition B of Change of Ordinance <br /> No. 95-51 to allow an additional ten (10) year time extension to secure Final Subdivision <br /> Approval for not less than 175 lots. Change of Zone Ordinance No. 90-160, amended by <br /> Change of Zone Ordinance No. 95-51, originally changed the zoning for approximately <br /> 761 acres of land from an Unplanned (U) and Multiple Family Residential-1,500 square <br /> feet (RM-1.5) to a Residential and Agricultural-1 acre (RA-la) and Open (O) zoned <br /> d1StrI CtS. <br /> 'The non-performance is the result of conditions that could not have been foreseen <br /> or are beyond the control of the applicant, successors or assigns, and are not the result of <br /> their fault or negligence. According to the applicant, the non-performance of securing <br /> final subdivision approval was due to unforeseeable conditions and beyond the control of <br /> the applicant. Furthermore, the applicant states that the non-performance was also not <br /> due to their fault or negligence. The applicant cites that although market conditions and <br /> demand for residential property have increased with recent years, the focus has been, and <br /> continues to be on oceanfront property. The money required to fund on and off site <br /> improvements can only be recovered through lot sales at the project. Being that there is <br /> no market for this development, it makes this project economically unfeasible for <br /> investment purposes at this time. The applicant has explored numerous other financing <br /> options with no avail. <br /> <br />