With a 3-2 vote Thursday night, the Board of Aldermen granted a conditional-use permit for a planned residential development called Orchid Bay. The property is located on New River Inlet Road, next to LaCosta Bay and across from Ocean Bay Village Condos.

The two-story structures will rest on pilings and look much like those in another island development, Seaside Village, said Jacksonville developer Charles Riggs. The property, which will boast a pool, recreation area and beach access, is not eligible for federal flood insurance.

And while the property's three owners said they were thrilled to receive the permit, they admitted that it didn't come easy. They submitted a request for rezoning the same property in April 2005 but withdrew it due to discrepancies found within the town's zoning maps - aldermen tabled that matter until next month's meeting.

Moreover, the developers had to endure tough design questions Thursday from Mayor Rodney Knowles and town board members Richard Farley and Laurie Duane.

Knowles took issue with a few things. The property sits on both sides of New River Inlet Road - the sound side and the ocean side - but the design calls for all 15 homes to be constructed on the sound side. That, he said, creates "insufficient square footage." And the "clustering" design, he added, makes for higher density and puts the homes too close together.

"This property is almost seven acres and is one tract separated by the road," Riggs said. "There is over 300,000 square feet of property here. We meet all of the area requirements."

"The planning board felt very firmly that it was a good design," Riggs said, alluding to last month's vote, which passed with no question of its design. "The town wants single-family homes."

Permit regulations outline that "the intent of this development is to permit flexibility from conventional development controls of use, setback, and minimum lot size requirements of other zoning districts."

The permit also says there may be no more than 30 percent coverage on the property. Riggs said the design for Orchid Bay covers only 13 percent.

If the board were to turn down the permit request on basis of incorrect square footage, Kilroy said, the town could be setting itself up for a lawsuit.

Duane emphasized that the issue wasn't the square footage but whether clustering the homes on one side of the road "compromises the land use plan."

Joint owner Matt Tomlinson, of Atlanta, said that if all permits are received, the groundbreaking for the project should take place in the spring of 2006.

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