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Board of County Commissioners Meeting Minutes - Final March 25, 2025 Attachments: Staff Report Aerial Photo Document Demonstrating Location and Surrounding Zoning Deputy County Attorney Susan Prado presented details of the Developer's Agreement (Agreement) between the County and Meritage Homes of Florida, Inc. for the Lakeside West Planned Development to be located on 43rd Avenue, north of 25th Street SW. This was the second required public hearing to approve the Agreement which listed improvements Meritage Homes was required to provide. The presentation began with an outline of what was included in a Developer's Agreement and what was not. Attorney Prado entered into discussion with the Board regarding vested rights of a developer to build on their land, the time limit for those rights, and the effect of tolling because of natural disasters; agreements were typically seven years long. County Attorney Jennifer Shuler clarified the difference between property rights, which entitled development within zoning allowances, and vested rights which were calculated through the permit process and were tied to the land. Commissioner Moss referenced the Planning and Zoning Commission's (PZC) minutes from June 3, 2022, about Lakeside West's approval and inquired about a 2004 traffic analysis. The Commissioner and staff entered into discussion regarding PZC's review of the traffic study, details of the developer's obligations, and the agreed -to contribution of $90,000 for local park improvements. Further discussions addressed stormwater management and flood insurance for buyers. The presentation resumed with an overview of the benefits of developer's agreements. Planning and Services Director Chris Balter shared the project timeline starting in 2004 as Tripson Trail, planned for 288 homes under the South County Initiative, now modified to Lakeside West with 201 units. County Engineer Joseph DeFonzo reviewed a 2004 trip generation study, noting fewer units would mean fewer trips. Commissioner Adams suggested the County benefited from the 2004 study's higher trip count, prompting more improvements from the Developer. Mr. DeFonzo confirmed this with data, noting traffic conditions could change. Following the presentation, discussion ensued regarding traffic and service levels, and the meaning of the grading system. Attorney Prado explained the ways developer's agreements had to balance community needs with development rights, according to state statutes. The Board shared traffic concerns in the County and discussed the impact of the Oslo Road interchange to travel patterns in this area. The Chairman opened the public hearing for comment. Indian River County, Florida Page 13