HomeMy WebLinkAbout2003-004RESOLUTION NO. 2003- 004
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER (D.O.)
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE
GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT (DRI)
WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County
Commissioners of Indian River County, Florida has adopted Resolution 85-128 (adopted October 23,
1985) establishing the development order approving the Grand Harbor Development of Regional
Impact (DRI), and has amended the adopted development order by the adoption of Resolution 86-4
(adopted February 5, 1986), Resolution 86-89 (adopted October 20, 1986), Resolution 86-108
(adopted December 9, 1986), Resolution 87-147 (adopted December 8, 1987), Resolution 89-21
(adopted February 21, 1989), Resolution 89-80 (adopted August 8, 1989), Resolution 91-87 (adopted
August 6, 1991), Resolution 92-68 (adopted May 5, 1992), Resolution 93-88 (adopted May 11,
1993), Resolution 94-67 (adopted May 24, 1994); Resolution 98-01 (adopted January 6, 1998),
Resolution 2001-085 (adopted September 11, 2001); Resolution 2002-059 (adopted August 13,
2002); and
WHEREAS, the project developer (GHA Grand Harbor, Ltd.) has formally applied for certain
changes to the development order; and
WHEREAS, the proposed changes include: adding the + 11.72 acre "Luther" -residential site to the
overall project without increasing the total number of allowable units and allowing for traffic
configuration changes to the area around the intersection of 53rd Street and Indian River Boulevard;
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 development
approval do not constitute a substantial deviation pursuant to Chapter 380.06 of the Florida
Statutes.
2. The Notification of Proposed Change To A Previously Approved Development of Regional
Impact (DRI) application and materials submitted by the developer, GHA Grand Harbor, Ltd.
dated November 12 , 2002, along with subsequent and related staff and applicant
correspondence and all other related materials 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 85-
128), and all subsequent amendments (reference the resolutions referenced above) shall
remain in full force and effect on the entire project area, except as modified by the
development order changes contained in this resolution.
4
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RESOLUTION NO. 2003- 004
4. The project development order is amended as follows:
A. Exhibit "A", as adopted by Resolution 85-128, and amended by subsequent
resolutions amending the Grand Harbor DRI, containing the legal description of the Grand
Harbor Development of Regional Impact, is repealed and replaced by the revised legal
description as shown in Exhibit "A" attached, which is hereby incorporated in the
development order.
B. Exhibit "B ", as adopted by Resolution 93-88, is hereby repealed and replaced by the
updated Master Development Plan as shown in Exhibit "B" attached, which is hereby
incorporated into the development order.
Exhibits "A" and "B" are attached to and incorporated as a part of this resolution.
PASSED AND ADOPTED in a public hearing held on this 21st day of January, 2003.
The foregoing resolution was offered by Commissioner Adams , and the motion was
seconded by Commissioner Lowther , and, upon being put to vote, the vote was as follows:
Chairman Kenneth R. Macht
Vice -Chairman Caroline D. Ginn
Commissioner Fran B. Adams
Ay e
Aye
Aye
Commissioner Thomas S. Lowther Aye
Commissioner Arthur R. Neuberger Aye
This Chairman tl ereupon;declared the resolution duly passed and adopted this 21st day
of January 5 ;2003.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
B
Chairman Kenneth R. Macht
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RESOLUTION NO. 2003- 004
State of Florida
County of Indian River
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this Sete and
County to take acknowledgments, personally appeared Kenneth R. Macht, , a anran
PATRICIA M. RIOGELY as DEPUTY CLERK TO JEFFREY K. BARTON, as Chairman of the
Board of County Commissioners and Clerk, respectively, to me known to be the persons described in
and who executed the foregoing instruments and they acknowledged before me that they executed
the same.
WITNESS my hand and official seal in the County and State as aforesaid this 21st day of
Janaury , A.D., 2003
APP
AS TO PLANNING MATTERS:
Robert M. K ating, AICP
Community Development Director
ti; :Z: /K"• Kimberly E. Massung
:.: t •'.: MY COMMISSION # CC855436 EXPIRES
•�"'IJu 15, 2003
'� . 0, v.. BONDED THRU TROY FAIN INSURANCE, INC
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
William G. Collins
Deputy County Attorney
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3
Exhibit "A"
LEGAL DESCRIPTION OF GRAND HARBOR DRI
PROPERTY INCLUDING LUTHER PARCEL
PARCEL I: Government Lots 1 and 2, Section 13, Township 32 South, Range 39 East, less all
of that part of said Government Lot 1, lying North of the following described line: From the SW
corner of said Section 13, run north along the West line of Government Lots 1 and 2 in said
Section 13, a distance of 2025.96 feet to the point of beginning; thence run East on a line parallel
to the south line of said Section 13, to the West shore of the Indian River for the point ending, all
lying and being in Indian River County, Florida.
AND .
PARCEL II: The East 1/2 of the SW 1/4 of Section 24, Township 32 South, Range 39 East; said
land lying and being in Indian River County, Florida. AND ALSO, Government Lots 1 and 2 of
Section 24, Township 32 South, Range 39 East, said land lying and being in Indian River
County, Florida.
AND
PARCEL III: The SE 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4 (lying East of U.S. 1) and
the NW 1/4 of the SW 1/4 (lying East of U.S. 1), all in Section 23, Township 32 South, Range 39
East, Indian River County, Florida, EXCEPT that certain parcel conveyed to the Florida
Department of Transportation, as described in Official Records Book 0961, Page 2553, Public
Records of Indian River County, Florida.
AND
PARCEL IV: Parcel 1: The West 1/2 of the West 1/2 of Section 24, Township 32 South, Range
39 East, Indian River County, Florida.
Parcel 2: All of Government Lot 3, lying North of Gifford Dock Road, of Section 24, Township
32 South, Range 39 East, Indian River County, Florida, being more particularly described in
Official Record Book 500, Page 833, Public Records of Indian River County, Florida, less and
except that the property conveyed to Indian River County in Official Record Book 772, Page
2546, Public Records of Indian River County, Florida.
Parcel 3: The West 1/2 of the North 1/2 of the northwest 1/4 of the southeast 1/4 of the Section
23, Township 32 South, Range 39 East, Indian River County, Florida.
Parcel 4: The East 1/2 of the southeast 1/4 of Section 23, Township 32 South, Range 39 East,
and the East 1/2 of the northwest 1/4 of the southeast 1/4 of Section 23, Township 32 South,
Range 39 East, Indian River County, Florida, less and except that property conveyed to City of
Vero Beach in Official Record Book 751, Page 1269, Public Records of Indian River County,
Florida.
\\11.1-srv01 \M AU SC\398307v02\81C302!. DOC\ 11/12/02 \ 243 80.010100
Parcel 5: The southeast 1/4 of the northeast 1/4 of Section 23, Township 32 South, Range 39
East, Indian River County, Florida.
Parcel 6: The South 1/2 of the northeast 1/4 of the northeast 1/4 of Section 23, Township 32
South, Range 39 East, Indian River County, Florida.
Parcel 7: The South 1/2 of the northwest 1/4 of the northeast 1/4 of Section 23, Township 32
South, Range 39 East, Indian River County, Florida.
Parcel 8: The southwest 1/4 of the northeast 1/4 of Section 23, Township 32 South, Range 39
East, Indian River County, Florida.
ALL OF THE ABOVE FOUR PARCELS LESS AND EXCEPT THOSE PARCELS
DESCRIBED IN ADDENDA "B -I", "B -II", "B -III" "B -IV", "B -V", "B -VI", "B -VII", "B -VIII"
AND "B -IX" ATTACHED HERETO AND MADE A PART HEREOF.
AND
PARCEL VI: Commence at the Northeast corner of Section 23, Township 32 South, Range 39
East, Indian River County, Florida. Thence run N 89°56'17" W along the North line of the
aforesaid Section 23 a distance of 2662.76 feet to the quarter Section line; thence running S
00°01'24" W along the aforesaid quarter Section line a distance of 995.01 feet to the point of
beginning of a parcel of land lying in the aforesaid Section 23 of which is more particularly
described as follows: thence continue S 00°01'24" West along the Quarter Section line a
distance of 331.67 feet; thence run N 89°48'01" West a distance of 439.66 feet to intersect with
the East right-of-way line of Indian River Boulevard; thence run Northwest along the East right-
of-way line of Indian River Boulevard on a curve to the right with a chord bearing of N
31°15'13" West having a radius of 3766.10 feet with a central angle of 00°18'13" and run an arc
distance of 19.95 feet to a curve to the right having a radius 1800.00 feet with a central angle of
11°07'30" and run an arc a distance of 349.50 feet; thence leaving the aforesaid East right-of-way
line of Indian River Boulevard run South 89°49'49" East a distance of 600.59 feet to the point of
beginning.
AND
PARCEL VII: A parcel of land lying in part of the Southeast 1/4 of Section 14 and part of the
North half of the Northeast 1/4 of Section 23, All in Township 32 South, Range 39 East, Indian
River County, Florida; the boundary of said parcel being more particularly described as follows:
Beginning at a concrete monument marking the Southeast corner of said Section 14, the same
being the Northeast corner of said Section 23; Thence run S 00°00'40" W along the Section line,
47.14 feet; thence N 15°24'02" West, 172.55 feet to a point in the Southeast 1/4 of said Section
14; thence N 00°00'48" E, 293.84 feet; thence on a curve to the right, having a central angle of
39°39'50" and a radius of 200.00 feet, run an arc distance of 138.45 feet, more or less, to a point
on the East line of said Section 14; thence following the East line of said Section 14, run S
00°05'48" West, 540.64 feet to the Point of Beginning.
AND
\\fll-srv01 \MAUSC\398307v02\81C302!.DOC\11/12/02\24380.010100
PARCEL VIII: The West 1/2 of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of
Section 23, Township 32 South, Range 39 East, Indian River County, Florida, LESS AND
EXCEPT the ,following described property:
Commence at a point on a curve in the West right-of-way line of Indian River Boulevard, said
point lying N 89°50'16" W 430.82 feet from the Northeast corner of the Southwest quarter of the
Southeast quarter of Section 23, Township 32 South, Range 39 East, and run Northerly along a
curve to the right, the radius point of which lies N 67°4623" E 4135.04 feet through a central
angle of 2°19'38", an arc of 167.95 feet to a point of reverse curvature, Then run on a curve to
the left with a radius of 5000 feet and a central angle of 5°13'31", an arc distance of 455.99 feet
to a point in the East line of the Southwest quarter of the Northwest quarter of the Southeast
quarter of the aforementioned section, and a Point of Beginning. Then run N 0°01'15" E 84.73
feet to a point. Then run N 89°43'57" W 40.87 feet to a point in the aforementioned curve, the
West line of Indian River Boulevard. Then run Southerly on a curve to the right with a radius of
5000 feet and a central angle of 1°04'50", an arc distance of 94.30 feet to the Point of Beginning.
Lying and being in Indian River County, Florida.
AND
PARCEL IX: All that portion of the Southwest 1/4 of the southeast 1/4 of Section 23, Township
32 South, Range 39 East, lying east of the IRB right-of-way line of Indian River Boulevard; said
land residing and being in Indian River County, Florida.
AND
PARCEL X: A parcel of land lying within the north half of the south half of the northeast
quarter of the northwest quarter of Section 23 Township 32 South Range 39 East, Indian River
County, Florida, being more particularly described as follows:
Commence at the north quarter corner of said Section 23, thence S 00°01'24" W along the
quarter section line a distance of 663.34 feet to the point of beginning; thence S 00°01'24" W, a
distance of 331.67 feet; thence N 89°49'49" W, a distance of 600.59 feet to a point of curve on
the east right-of-way line of Indian River Boulevard; thence along said curve to the right having
a radial bearing of N 70°00'17" E, a radius of 1,800.00 feet, a delta of 10°54'57" and an arc
length of 342.93 feet; thence S 89°52'12" E, a distance of 686.67 feet to the point of beginning.
AND
PARCEL XI: That part of the southwest one-quarter of Section 14, Township 32 South, Range
39 East, lying south of the south right-of-way of the Indian River Farms Water Control District's
North Relief Canal, east of the east right-of-way of U.S. Highway Number 1 (State Road
Number 5), and north of the north right-of-way of 53rd Street (Kingsberry Road) being more
particularly described as follows:
Commencing at the southeast corner of the southwest quarter of Section 14,
Township 32 South, Range 39 East, run north 00°49'12" east along the east line
of said southwest quarter, a distance of 60.00 feet to the north right-of-way of 53rd
Street (Kingsberry Road) and point of beginning:
Ntl-srv01 \MAUSCU98307v02\8JC302!.DOC\ II/12/02 U4380.010100
From the point of beginning run the following three courses along the north right-of-way of 53`(
Street (Kingsberry Road): north 89°56'56" west, a distance of 894.66 feet; north 00°49'12" east,
a distance of 10.00 feet; north 89°56'56" west, a distance of 803.80 feet to a point of curvature of
a non -tangent curve; from said point of curvature run northwesterly along the arc of a curve
concave to the northeast having a radius of 16528.86 feet, a central angle of 01°21'03",
subtended by a chord bearing and distance of north 15°35'09" west, 389.70 feet, an arc distance
of 389.71 feet to a point of tangency; thence run north 14°54'38" west along a line 600 feet
easterly and parallel with the east right-of-way of U.S. Highway Number 1 (State Road Number
5), a distance of 874.14 feet to the south right-of-way of Indian River Farms Water Control
District's North Relief Canal; thence run north 62°34'20" east along said south right-of-way, a
distance of 2220.65 feet to a point of curvature of a curve concave to the southeast having a
radius 917.71 feet, a central angle of 06°09'14", subtended by a chord bearing and distance of
north 65°38'57" east, 98.52 feet, an arc distance of 98.57 feet to the aforementioned east line of
the southwest quarter; thence run south 00°49'12" west along said east line, also being the west
line of the "River Club" Subdivision, as recorded in Plat Book 12, Page 64 through 64 E, Public
records of Indian River County, Florida, a distance of 2295.34 feet to the point of beginning;
AND
THE NORTH 20 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING
EASTERLY OF THE EAST RIGHT OF WAY LINE OF INDIAN RIVER BOULEVARD 200'
WIDE RIGHT OF WAY;
AND THE SOUTH 60.00 FEET OF THE EAST 709.07 FEET OF THE SOUTHWEST 1/4 OF
SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH OF THE SOUTH
RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT
NORTH RELIEF CANAL;
AND A PARCEL OF LAND IN THE NORTH 20 ACRES OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, BEING
MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST
CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 23, RUN NORTH 89° 42'16"
WEST ALONG THE SAID SECTION 23, A DISTANCE OF 49.10 FEET TO THE POINT
OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 89° 42'16"
WEST ALONG SAID SOUTH LINE OF SECTION 23, A DISTANCE OF 660.00 FEET TO
THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD (200 FEET RIGHT-
OF-WAY); THENCE RUN SOUTH 00°.17'45" WEST ALONG SAID EAST RIGHT-OF-WAY
LINE, A DISTANCE OF 75.00 FEET; THENCE RUN NORTH 45° 17'44" EAST, A
DISTANCE OF 56.57 FEET; THENCE RUN SOUTH 89° 42'16" EAST AND PARALLEL TO
SAID NORTH LINE OF SAID SECTION 23, A DISTANCE OF 620.00 FEET; THENCE RUN
NORTH 00° 17'58" EAST A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING;
AND A HIATUS OF LAND CREATED BY LEGAL DESCRIPTIONS OF PARCELS LYING
SOUTH OF THE NORTH 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
AND NORTH OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
Wil-srvOl\MAUSC\398307v02\8JC302!.DOC\I I/12/02 \24380.010100
NORTHWEST 1/4 IN SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALL LYING
EAST OF THE EAST RIGHT OF WAY LINE OF THE 200' WIDE INDIAN RIVER
BOULEVARD, INDIAN RIVER COUNTY, FLORIDA.
SAID DESCRIBED HIATUS BEING APPROXIMATELY 12 FEET WIDE MORE OR LESS.
ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NW 1/4 OF SECTION 23,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN S.00°17'58"W. ALONG THE EAST LINE
OF THE NE 1/4 OF SAID NW 1/4 OF SECTION 23 A DISTANCE OF 663.34 FEET TO THE
NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF
SAID NORTHWEST 1/4 OF SECTION 23; THENCE RUN N.89°41'16"W. ALONG SAID
NORTH LINE A DISTANCE OF 686.29 FEET TO THE EAST RIGHT OF WAY LINE OF
INDIAN RIVER BOULEVARD 200' WIDE RIGHT OF WAY AND POINT OF CUSP;
THENCE RUN NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE AND CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 1800.00 FEET, A CENTRAL ANGLE
OF 9°07'25", SUBTENDED BY A CHORD BEARING AND DISTANCE OF N.04°15'57"W.
286.33 FEET TO THE POINT OF TANGENCY; THENCE RUN N.00°17'45"E. ALONG SAID
EAST RIGHT OF WAY LINE A DISTANCE OF 377.82 FEET TO THE NORTH LINE OF
AFOREMENTIONED SECTION 23; THENCE RUN N.00°49'12"E. A DISTANCE OF 60.00
FEET THE NORTH LINE OF THE SOUTH 60.00 FEET OF THE EAST 709.07 FEET OF
THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST;
THENCE RUN S.89°42'16"E. ALONG SAID NORTH LINE OF THE SOUTH 60.00 FEET A
DISTANCE OF 709.10 FEET TO THE EAST LINE OF SAID SOUTHWEST 1/4 OF
SECTION 14; THENCE RUN S.00°49'12"W. ALONG SAID EAST LINE A DISTANCE OF
60.00 FEET TO THE POINT OF BEGINNING.
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EXHIBIT "B"
laver CII! ►.'. __ �_ • 115.v.,lv1au
te
NORTH
47th STREET
Legend
DRI BOUNDARY \
Multi—fomIly Resldentld
1-1
T
Buildout
Reserve ParcelLuther Porcel
do East (of Indian River Boulevard)
Single Fom0y Dwelling Units 433
Alulti—Panay Dwelling Units 2.120
Single family Residential Commercial
Marko
Mixed Use Golf
West (of Indian River Boulevard)
Commercial, Office or Reeldentid My combination of the following uses thot does not
exceed 1137 net new extend two—way PM Peak
Hour Trips *
Office
Commercial
Maximum 553 ReskfenUal Dwelling Unite
dwelling units ors permitted in parcels designated for multi -1=1y dwelling unite.
100.000 S.F.
344 Slips
45 Holes
Note: Single—family
1137 Net new extemci two—way PM Peak Hour Trips is the number of net new external two—way PM Peak
Hour Trips that would be generated by the 348,450 square feet of commercial and 241.000 square feet of
office previously approved.
MASTELLER & MOLER, INC.
M ^- CONSULTING ENGINEERS
CERTIFICATE OF AUTHORIZATION NUMBER 4204
1203 144 AM+Ma
ve. Booth Ra632 319•O
Pb. t 567-5300
F.44I 79{—I1W
REVISED 10/24/02
REVISED 09/30/02
REVISED 07/05/02
REV*S€D 06/25/02
REVTSED.05/13/02