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HomeMy WebLinkAbout2002-018 RESOLUTION NO. 2002- 018 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER (DO) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE DEVELOPMENT OF REGIONAL IMPACT (DRI) PROJECT FORMERLY KNOWS AS VILLAGE GREEN WEST & VILLAGE GREEN SOUTH, SUBSEQUENTLY KNOWN AS COUNTRYSIDE NORTH & COUNTRY SIDE SOUTH AND NOW KNOWN AS COUNTRYSIDE MOBILE HOME PARK, VERO PALM ESTATES MOBILE HOME PARK, AND BLUE WATER SUBDIVISION. WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida has adopted Resolution 81-59 (adopted August 19, 1981) establishing the Development Order (DO) and approving the Development of Regional Impact (DRI) for the project formerly known as Village Green West & Village Green South, subsequently new known as Countryside North & Countryside South and now known as Countryside Mobile Home Park Vero Palm Estates Mobile Home Park. and Blue Water Subdivision WHEREAS, one of the project developers, ga a T, ec of Vere Beaelrb-Blue Water Realty LLC, has formally applied for and has agreed to certain changes to the development approval relating to the Master Development Plan for the overall DRI proj ect; NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County,Florida that: 1. The Board of County Commissioners finds that the proposed changes to the DRI plan, , and to the DO do not constitute a substantial deviation pursuant to Chapter 380 of the Florida Statutes. 2. The notification of proposed change application and materials submitted on behalf of the developer, along with subsequent and related staff and applicant correspondence are hereby incorporated by reference into the Application for Development Approval(ADA) for the project. 3. All conditions and restrictions specified in the project Development Order (Resolution 81-59) shall remain in full force and effect. 4. The Master Development Plan as shown in Exhibit 12-2 (Revision 1) attached, is hereby added to the project and approved for residential and commercial development, subject to paragraph 14 of this resolution. Coding:Words in stfikedffeugh are deletions from the previous D.O.resolution. Words underlined are 1 additions. I XT.'TT T70rn VT7n\nTrTbT T\.._...7-_�__ATT_.._..\/"�.._T\.._.\n O_7\!"�,..._a�._�.7,.Arnnn .7.... RESOLUTION NO. 2002-018 5. The build-out date for the overall DRI project is hereby established as December 31, 2005. The termination date for the overall DRI project is hereby established as December 31, 2010. 6. The annual reporting date, which is the responsibility of all property owners within the DRI, is August 19th of each year. Contents of the report are to include those items required in Florida Administrative Code Rule 9J-2.025(7)(a-j). The annual report shall be submitted to: a. Florida Department of Community Affairs b. Indian River County Board of County Commissioners C. Treasure Coast Regional Planning Council d. Florida Department of Environmental Protection e. St. Johns River Water Management District 7. The termination date is established as the date until which local government agrees that the approved DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction unless the local government can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the developer, or that the change is clearly established by local government to be essential to the public health, safety, or welfare. 8. The present owners of record of the land within the DRI consists of: (Note: all previous owner information has been updated with the information below) Countryside Mobile Home Park 02-33-38-00001-0110-00001.0 (main arcel) MHC Financing LTD PTNR TWO Two North Riverside Plaza#800 Chicago, IL 60606 Vero Palm Estates Mobile Home Park 11-33-38-00001-0010-00001.1 Maple Wood Apts LLC 1400 90th Ave. Vero Beach, FL 32966 Blue Water Subdivision 11-33-38-00001-0010-00001.0 Blue Water Realty LLC P.O. Box 260027 Pembroke Pines, FL 33206 Coding:Words in s 2 g �are deletions from the previous D.O.resolution. Words underlined are additions. ATf%nfl A_ RESOLUTION NO. 2002- 018 11-33-38-00001-0070-00001.0 11-33-38-00001-0070-00002.0 Indian River County Hospital District 1000 36th St. Vero Beach,FL 32960-4862 11-33-38-00001-0080-00001.0 Indian River County Emergency Services 1840 25th St. Vero Beach, FL32960-3384 9. There will be 1-,46-3, 1.227 mobile home units and 440 56 single family homes for a total of 1,283 residential units which is a reduction of 165 units from the original 1,448 units approved for the residential portion of the project. 10. The water treatment area at the northwest corner of Village Green South (VGS), presently Countryside South(CS)was eliminated and two lots were added. Water for VGS (CS) is furnished by Indian River County Utilities Department. 11. The sewage treatment plant to be located at the southwest corner of VGS (CS) was eliminated and replaced with lots and a storage area. Sewage from VGN (CS) is pumped to the Indian River County Sewage Treatment Plant 12. No building permit shall be issued for development within the overall DRI project after December 31, 2005 unless the project build-out date is extended and a traffic study for the project is conducted by the developer and is approved by Indian River County, Florida Department of Transportation, the Florida Department of Community Affairs, and the Treasure Coast Regional Planning Council. The study shall identify the improvements and timing of those improvements necessary to maintain adopted levels of service on the impacted transportation network, and shall propose an improvements program that is acceptable to Indian River County, Florida Department of Transportation, Florida Department of Community Affairs, and the Treasures Coast Regional Planning Council. 13. The legal description of the overall DRI project is contained in Exhibit `A', attached. The legal description of the S aee Blue Water Subdivision project portion of the overall DRI project is contained in Exhibit `B', attached. 14. Local government conditions related to the Saba! Tr-aee Blue Water Subdivision portion of the overall DRI project are as follows: A. In conjunction with the development of Blue Water Ssubdivision project, the developer shall provide along the nei4heffl and Coding:Words in soil 3 g �are deletions from the previous D.O.resolution. Words underlined are additions. r.. n,.�.V.._....r�__...t_ __.._arr_,.-,.\n.._r�„_.no_��_.._.._._:a,. RESOLUTION NO. 2002- 018 western boundary of the Blue Water Subdivision project, and. the northern boundary of Lots 73-83 of the Blue Water Subdivision pro i ect, the buffer that is required by the county land development regulations (LDRs) to be provided between mobile home development and lower density residential development. B. Phase 2 of the SabalTfaee-Blue Water Subdivision project shall be designed and constructed to provide a paved roadway connection to 12th Street or to adjacent property that is directly connected to 12th Street via a paved roadway. E.B. Phase 2 of the Blue Water Subdivision project shall include the design and construction of a left turn lane and a right turn deceleration lane at the 82°a Avenue entrance. Said turn lanes shall meet or exceed county standards. As an alternative to providing the turn lanes, the applicant may provide to the county at the time Saba!TraeeBlue Water Subdivision phase 2 preliminary plat review an updated traffic analysis that addresses the need for the turn lanes. If the updated analysis is acceptable to the county traffic engineer, and if the analysis demonstrates that no turn lanes are needed under county traffic LDRs, then no turn lane shall be required. PASSED AND ADOPTED in a public hearing held on this 2nd day of_ April , 2002. The foregoing resolution was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner ri nn , and upon being put to a vote, the vote was as follows: Chairman Ruth M. Stanbridge Aye Vice Chairman Kenneth R. Macht AyP Commissioner Caroline D. Ginn Ayp Commissioner John W. Tippin Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of April , 2002. Coding:Words in s4ikethfetigh are deletions from the previous D.O.resolution. Words underlined are 4 additions. RESOLUTION NO. 2002- 018 °A r� � £ � BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Chairman Ruth M. Stanbrfdge „ .. Board of County Commissioners ATTEST: BCC Approved: April 2, 2002 J ,K. B artgn lurkCn ,C. State of Florida'" County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgements, personally appeared Ruth M. Stanbridge , as Chairman of the Board of County Commissioners and PATRICIA "PJ" J as DEPUTY CLERK TO JEFFREY K. BARTON, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State as aforesaid this 2nd day of April , A.D., 2002. •tidy Klmbe*E.Manung :- MY COMMISSION#CC855436 EXPIRES July I5,2003 BONDED THW TROY FAIN WAWA!NG Notary Public APPROVED AS TO LEGAL SUFFICIENCY William G. Collins, II Deputy County Attorney APP OVED AS TO PLANNING MATTERS obert M. Keating, AICP Community Development Director Coding:Words in stFikethfough are deletions from the previous D.O.resolution. Words underlined are 5 additions. t EOiIBI'P A North 30 Acres of Park I including 10 Acres of Commercial Tract 11, Less and Except the East 30 fent thereof of Section 2, Township 33 South, Range 3.9 East, according to the last general plat of lands of Indian River Farms Canpany filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Piat Book 2. Page 25, said land now lying and being in Indian River County. Florida, LESS AND EXCEPT land described in Official Record Rook 575, Page 1402, Public Records of Indian River County, Florida. TOGETHER WITH right- of-way-in common with other owners of land in Tract 10 and II, in Section 2 above described, their heirs and assigns, at all times and for all purposes with or without vehicles or animals, to and from the property herein above conveyed, or any part thereof over and along a strip of land 60 feet wide; being the West 30 feet of said Tract 10 and East 30 feet of Tract II of Section 2, Township 33, Range 38 as above described. South 120 Acres of Park I All of Tracts 14, 15 and 16, Section 2, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County. Floridd., in Plat Book 2, Page 25; said land now lying andbeing �Indian River County, Florida. 7 1/2 Acre Perc Pond Site for Park I The North 660 feet of the East 330 feet of Tract 13, Section 2, Township 33 South, Range 38 East, of Indian River Farms Company, according to Plat filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. And also, Beginning at the Northwest corner of the North 660 feet of the East 330 feet of Tract 13, Section 2, Township 33 South, Range 39 East, run West a distance of 330 feet along the North boundary line of said Tract 13; thence run South a distance of 330 feet to a point; thence run east a distance of 330 feet to a point; thence run North a distant" of 330 feet to the Point of Beginning. Said land lying and being in Indian River County, Florida. Park If 160 Acres Tracts 1 and 2, less the north 30 feet thereof, Tracts 7 and 8, less the south 60 feet thereof, Section 11, Township 33 South, Range 38 East, Plat of INDIAN RIVER FARMS COMPANY, filed in the office of Circuit Court, St. Lucie County, Florida, Plat Book 2, page 25; consisting of 160 acres, more or less. a 1 1 EXHIBIT B LEGAL I) 1: SCRIPT [ ON THAT PORTION OF TRACTS I, 2. 7 AND 8. IN SI:CI ION 11. TOWNSHIP 33 SOUTH. RANGE 38 EAST OF THE PLAT OF INDIAN RIVER FARMS SUBDIVISION RECORDED IN PLAT BOOK 2. PAGE 25. PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AlI,HE SOUTHWEST CORNER OF SAID TRACT 7 AND RUN N00 12'55"W ALONG THE WEST LINE OF SAID TRACT 7 FOR 60.00 FEEL'TO THE NORTH RI6I1T OF WAY LINE OF ROSEDAL E ROAD(12th. STREET). TO THE POINT OF BEGINNING: THENCE CONTINUE N00012'55"W ALONG THE WEST LINE OF SAID TRACT 7 FOR 1261.94 FEET TO THE SOUTHWE:S1' CORNF'R OF SAID TRACT 2: THENCE RUN N00 12'0=1"W. ALONG THE WEST LINE OF SAID TRACT '_. FOR 331.94 FEET: THENCE RUN N89 33'03"E. FOR 967.13 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT. CONCAVE EASTERLY HAVING A RADIUS OF 185.00 FEET: THENCE RUN SO(ITHERLY ALONG THE: ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 31'06" FOR AN ARC LENGTH OF 182.15 FEET (CHORD BEARING OF SI6 22'13"E FOR 181.08 FEET), THENCE RUN 62 51'57"E FOR 387.74 FLET: ITIFNCI_ RUN N89 33'03"E FOR 662.93 FEET: THENCE RUN S00 12'13"1? FOR 200.00 FEET. THENCE RIJN N89 33'03"E FOR 609.96 FEET TO THE WEST RIGHT OF WAY LINE OF RANCH ROAD. SAID RI(;HT OF WAY LINE BEING 30.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID TRACE I AND 8: THENCE RUN S00 1213"E, ALONG THE EAST RIGHT OF WAY LINE OF SAID RANCH ROAD. FOR 573.51 FEET: THENCE RUN S89 23'59"W FOR 1303 FEET TO THE WEST LINE OI SAID ERACT 8: THENCE RUN N00 12'31"W, ALONG THE WEST LINE OF SAIL) TRACT 8. FOR 267.19 FI:E'I': l'HI:NCE. RUN S89 23'i911W FOR 876.6.4 FEET: THENCE RUN S00 12'281: FOR 1080.61 I-EET TO THE NORT11 RIGHT OE WAY LINE O SAID ROSEDALE ROAD. SAID RIGHT OE LINE BEING 60.00 FEET NORTH OF AND PARALLEL TO THE. SOUTH LINE O1' SAID TRACT 7. THENCE RUN S89 _'3'59"W ALONG SAID NORTH RIGHT OF WAY LINE FOR 456.37 FEET TO THE POINT OF BEGINNING: SAID LAND LYING; AND BEING IN INDIAN RIVER COUNTY. FLORIDA. SAID PARCEL OF LAND CONTAINING 46.55 ACRES. MORE: OR LESS. DEVELOPMENT PLAf4 VILLAGE GREEN WEST & �. Nature Preser Cli Cli Ranch Road 15 IN If f er x Strip Lu I� �.�!• „ .a r - r MAS IEI1 OEVELOPW-NT PIAN H.'rirl r, VILLL-AGE GREEN WEST & VILLAGE GREEN SOUTH VII.I,A( r .( • X1 1"'^ r ~ i � � (Sher 1) F: (;kEF-rJ5dr 11' s:+S HOW /'GIINI'RY; Ilf 1 F'resr'nt 1 y: ('OUrJ'fRYS 111E N(sHTIi � �'����-��•rte. ft�..� ' L.�I;� �.� _ r �' �11 courrrR Y;:r nF. snnrn . ' '� �! _ ► � SABAL TRACE Sabal Trace by James W. YOunq F. Associates r Yj \ 7 15' min Buffer aa SA DAL ' Sz \ TRACE (' I 50 Duffer I, it �- - t _ NTS IResidential 50 Duffer X91 Access ROSEDALE ROAD ( 12th Acccs5 t'o 12'r itrcct 1 w�rl be provided rn f1Iha5c sheer 2 of 2