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Resolution Zoning 98-Z- 10
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Resolution Zoning 98-Z- 10
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Last modified
1/24/2013 4:35:41 PM
Creation date
1/25/2006 3:05:42 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
98-Z-10
Date (mm/dd/yyyy)
05/28/1998
Description
Five Seas Investors, Inc. (Newport)
Reference
Z980003 11/14.52.42
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City Commission <br /> Page 3 <br /> May 14. 1998 <br /> While the applicant is requesting a small reduction of the southern side setback,he is also proposing <br /> to provide a public walkway which is isolated from the pedestrian hostile SR 826 right of way by <br /> a lavish landscape buffer area. Currently, pedestrians are forced to walk on a narrow sidewalk <br /> sandwiched between the highway and a chain link fence with no buffer between the pedestrians and <br /> the vehicular traffic on the SR 826 service road right of way. In staffs opinion, the proposed plan <br /> represents a significant improvement for pedestrians in this area. <br /> While the applicant is requesting a minor reduction in the landscape open space requirements, the <br /> proposed building is draped in landscape planters and the roof of the proposed structure is slated to <br /> contain recreational open space (tennis courts)as does the neighboring residential garage structure <br /> on the adjacent land to the west.The lot coverage requirements are deceptive in this particular case. <br /> The proposed structure is a parking garage structure. The lot is currently 100% covered by the <br /> existing surface parking lot. Therefore, even though the applicant is requesting what appears to be <br /> a large lot coverage variance,the request actually represents a large increase in the recreational and <br /> open space provision. In this regard, it should be noted that the applicant is proposing to provide <br /> approximately 100 parking spaces within the structure for public use. This will have the effect of <br /> making the beach more accessible to the general public thereby serving the same general intent as <br /> the open space provisions of the zoning code. This, combined with the pedestrian buffer being <br /> provided on the south side will have the cumulative effect of greatly improving the usability of the <br /> public right of way, the public beach and the newly provided recreational and open space areas on <br /> the applicants parcel. It should be noted that these improvements are substantially in accord with <br /> policies of the CDMP designed to implement the enhancement of existing recreational open spaces <br /> within the city. <br /> The applicants requests are in substantial compliance with the provisions of the Land Use Element <br /> of the CDMP. Additionally, the proposed structure will have little or no impact upon the Level of <br /> Service provision (LOS) required for sewer, water, drainage, solid waste and the like. <br /> CONDITIONS <br /> Planning staff concurs with the conditions proposed by zoning staff. In addition, planning staff <br /> recommends that the following conditions be added: <br /> !. That prior to the issuance of a building permit,the applicant enter into an agreement <br /> with the city which is acceptable to the building official and which ensures the <br /> provision of adequate public parking for the purpose of improving public beach <br /> access in compliance with the intent of the open space provisions of the CDMP and <br /> the zoning code. <br /> 2. That the applicant be required to pay for any cross walk and traffic control <br /> improvements deemed necessary as a consequence of this development by the <br /> Department of Transportation or any other agency of the state or county. <br />
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