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Board of County Commissioners Meeting Minutes - Final October 21, 2025 <br />11.A.1. 25-0988 First Public Hearing - Proposed Developer's Agreement Between Pulte <br />Home Company, LLC and Indian River County for Emerson Oaks <br />Subdivision <br />Recommended Action: Staff recommends the Board review the Proposed Developer's Agreement, open <br />the public hearing for comment, close the public hearing and make a motion to <br />bring the Proposed Developer's Agreement back to the Board for the required <br />second public hearing on November 4, 2025. <br />Attachments: Aerial Photo <br />Emerson Oaks Developer Agreement <br />Chairman Flescher introduced the parties to the proceeding as Indian River <br />County and Pulte Home Company, LLC. (Pulte) (Applicant). As requested by <br />the Chairman, each Commissioner disclosed ex parte communications, site visits, <br />or independent investigations. The Commissioners also affirmed that they have an <br />open mind and can base their decisions on the evidence presented and the <br />applicable law. <br />The Deputy Clerk administered the Oath to all persons who wished to speak at <br />the hearing. <br />The Chairman opened the public hearing. <br />Deputy County Attorney Susan Prado presented the proposed Emerson Oaks <br />residential development, which included 171 single-family lots located at 43rd <br />Avenue SW and 13th Street SW, to be developed in three phases. Phase IA <br />featured 7 model home lots, an entrance on 13th Street SW, and a stormwater <br />pond. Phase 1B consisted of 70 lots and an amenity center. Phase 2 included 94 <br />lots and a new entrance on 17th Street SW. To manage anticipated growth, the <br />developer was required to provide various improvements, including dedicating <br />right-of-way, implementing traffic enhancements, and contributing 3.7% toward <br />the future 17th Street SW bridge. A second public hearing was scheduled for <br />November 4, 2025. <br />Commissioner Moss raised concerns about the Stormwater Treatment Facilities <br />and the associated impact fees outlined in the Developer's Agreement. She <br />highlighted that the agreement's wording, specifically the phrase "minimum <br />applicable" standards set by the St. Johns River Water Management District <br />(SJRWMD), was insufficient for ensuring effective water treatment. <br />Commissioner Moss advocated adopting practices that aligned with higher <br />standards. In response, Ms. Prado explained that the County was limited to <br />enforcing only the minimum legal requirements established by SJRWMD and <br />Indian River County, Florida Page 9 <br />