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Home My WebLink About2004-039RESOLUTION NO. 2004 - 039 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 KNOW AS VILLAGE GREEN WEST & VILLAGE GREEN SOUTH, SUBSEQUENTLY KNOWN AS COUNTRYSIDE NORTH AND COUNTRYSIDE SOUTH AND NOW KNOWN AS COUNTRYSIDE MOBILE HOME PARK, VERO PALM ESTATES MOBILE HOME PARK, AND TURTLE RUN, FORMERLY KNOWN AS 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 known as Countryside North and Countryside South and now known as Countryside Mobile Home Park, Vero Palm Estates Mobile Home Park, and Turtle Run, formerly known as Blue Water Subdivision. WHEREAS, one of the project developers, Vero Beach Investments LLC, has formally applied for and has agreed to certain changes to the development approval relating to the Master Development for the overall DRI project; 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 4- 2) attached, is hereby added to the project and approved for residential and commercial development, subject to paragraph 14 of this resolution. Coding: Words in sti-7ikethfeugk are deletions from the previous D.O. resolution. Words underlined are additions. 1 i. RESOLUTION NO. 2004- 039 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- Countryside £ Countryside Mobile Home Park 02-33-38-00001-0110-00001.0 (main parcel) 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 901h Ave. Vero Beach, FL 32966 a,, e Water- cubd Turtle Run 11-33-38-00001-0010-00001.0 BNe Watef Realty, LP Vero Beach Investments, LLC P.O. Box 260027 1851 NW 125th Avenue, Suite 300 Pembroke Pines, FL 33206 33028 Coding: Words in stfikethfeiagh are deletions from the previous D.O. resolution. Words underlined are additions. 2 RESOLUTION NO. 2004 - 039 11-33-38-00001-0070-00001.0 11-33-38-00001-0070-00002.0 Indian River County Hospital District 1000 36t' St. Vero Beach, FL 32960-4862 11-33-3 8-00001-0080-00001.0 Indian River County Emergency Services 1840 25" St. Vero Beach, FL 32960-3384 9. There will be '� 1,163 mobile home units and -56 180 single family homes for a total of '� 1,343 residential units which is a reduction of 4-65 105 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 Blue `Fater Subdivision Turtle Run project, portion of the overall DRI project is contained in Exhibit `B', attached. 14. Local government conditions related to the Blue Watef Subdivisio Turtle Run portion of the overall DRI project are as follows: A. In conjunction with the development of B'„o Water- Subd visi ,,, Turtle Run project, the developer shall provide along the western and northern boundary of the ate Water- Subdivision Turtle Run project and the aeAmhem boundar-y of Lots 73 83 of the Blue Water- Subdivision pr-ejeet, the buffer that is required by the county land Coding: Words in stfikg h are deletions from the previous D.O. resolution. Words underlined are additions. 3 RESOLUTION NO. 2004 - 039 development regulations (LDRs) to be provided between mobile home development and lower density residential development. B. Phase 2 of the motor Subd visie.n Turtle Run 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 paved roadway. Phase 2 of the B'„o Water S„r.divi,ie Turtle Run project shall include the design and construction of a left turn lane and a right turn deceleration lane at the 82nd Avenue entrance as demonstrated by the Indian River County approved Traffic Impact Analysis dated January 26, 2004. Said turn lanes shall meet or exceed county standards. As . alte.y,ative to p ;, ing the tuf lane the . pi;eant „ pr-evide t„ ... _....J ...., ... ».,....1.,.» ..... ... ..... .... »...J .. »ate.., ....b....,...� ».... .� .._.. ...__"_J .._., ...�___"__.,._»..�., then tie tttm !a-ne shall be 7 r-equir-ed. Phase 2 of the Turtle Run project shall include paved access from the project entrance driveway to 82nd Avenue along 12th Street. The cost sharing and timing conditions will be established by an Indian River County approved Developers Agreement. C. An average of 10 square feet of upland/wetland buffer per linear foot of functioning wetland (excluding deep water habitat) will be provided for along wetland edges within the Turtle Run project. Coding: Words in stfiket4etigk are deletions from the previous D.O. resolution. Words underlined are additions. rd RESOLUTION NO. 2004 039 PASSED AND ADOPTED in a public hearing held on this 13th day of April , 2004 . The foregoing resolution was offered by Commissioner Neuberger who moved its adoption. The motion was seconded by Commissioner Lowther , and upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Arthur R. Neuberger Aye Commissioner Fran B. Adams Absent Commissioner Thomas S. Lowther Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 13th day of April , 2004 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY '°6,4f!Id/��`r }s TTS CarolineD Ginn P. ATTESTS"j. l�/t'Y•, Jeffery K. Bartori;Clerk State of Florida" 4 , County' -.9f Indian Rivera. '"'• Chairman Board of County Commissioners I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgements, personally appeared Caroline D. Ginn , and MARIA 11. SUESZ 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 instrument and they. acknowledged before me that they executed the same. Coding: Words in stfikedffeugh are deletions from the previous D.O. resolution. Words underlined are additions. 5 RESOLUTION NO. 2004 - 039 WITNESS my hand and official seal in the County and State as aforesaid this 13th day of Apr- i 1 9 A.D., 2n04. APPROVED AS TO LEGAL SUFFICIENCY William G. Collins, II County Attorney APPR VED AS TO PLANNING MATTERS Ro ert M. Keating, Al Community Developm nt Direc r Notary Pu is Kimberly E. Massung ':- MYCOMMISSION# DD216503 EXPIRES a•. July 15, 2007 •a: BONDED THRU TROY FAIN INSURANCE INC Coding: Words in stfi� are deletions from the previous D.O. resolution. Words underlined are additions. 6 EXHIBIT A LEGAL DESCRIPTION North 30 Acres of Park I including 10 Acres of Commercial TRACT 11, LESS AND EXCEPT THE EAST 30 FEET THEREOF OF SECTION 2, TOWNSHIIP 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, FLORIDA IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT LAND DESCRIBED IN OFFICIAL RECORD BOOK 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 11, 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 11 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, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 7 '/2 Acre Pere 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 THE 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 38 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; T LENCI7 RUN NOI:TL-I A DISTANCE OF 330 FEET TO THE POINT OF BEGINNING. SAID LAND LYING AND BEING IN INDIAN RI VER COUNTY, FLORIDA. Park 11 160 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 RI VER FARMS COMPANY, FILED IN THE OFFICE OF THE CIRCUIT COURT, ST. LUCIE COUNTY, FLORIDA, PLAT 1300K 2, PAGE 25; CONSISTING OF 160 ACRES, MORE OR LESS. EXHIBIT B LEGAL DESCRIPTION THAT PORTION OF TRACTS 1, 2,7 AND 8, IN SECTION 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 AT THE SOUTHWEST CORNER OF SAID TRACT 7 AND RUN N0001255"W ALONG THE WEST LINE OF SAID TRACT 7 FOR 60.00 FEET TO THE NORTH RIGHT OF WAY LINE OF ROSEDALE 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 SOUTHWEST CORNER OF SAID TRACT 2; THENCE RUN N00°12'04"W, ALONG THE WEST LINE OF SAID TRACT 2, FOR 331.94 FEET; THENCE RUN N89033'03"E, FOR 967.13 FEET TO A POINT ONTI-113 Al'C OF A CIRCULAR CURVE TO THE LEFT, CONCAVE EASTERLY HAVING A RADIUS OF 485.00 1TEET; T1--IENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21031'06" FOR AN ARC LENGTH OF 182.15 FEET (CHORD BEARING OF S16022'13"E FOR 181.08 FEET), 'ITIENCE RUN 62°5157E FOR 387.74 FEET; THENCE RUN N89033`03"E FOR 662.92 FEET; THENCE RUN S00°12'13"E FOR 200.00 FLET; THENCE RUN N89°33103"E FOR 609.96 FEET TO THE WEST RIGHT OF WAY LINE OF RANCH ROAD, SAID RIGHT OF WAY LINE BEING 30.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID TRACT 1 AND S; THENCE RUN S00°12'13"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 OF SAID TRACT 8; TFIENCE RUN N00°1221"W, ALONG THE WEST LINE OF SAID TRACT 8, FOR 267.19 FEET; THENCE, RUN S89°23'59"\V FOR 576.64 FEET; THENCE RUN S00°12'28"E FOR 1080.61 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID ROSEDALE I:OAD, SAID RIGHT OF WAY LINE BEING 60.00 FEET NORTH OF AND PARALLEL TO THE' SOUTH LINE OF S,\ID TRACT 7, THENCE RUN S89°2359"W ALONG SAID NORTH RIGHT OF WAY LINE FOR 456.37 FEET TO T1 -1E POINT OF BEGINNING; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 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