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Home My WebLink About2013-073NNW RESOLUTION 2013-.n3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING TO WATERWAY VILLAGE, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS AN AMENDMENT TO THE DEVELOPMENT ORDER BY INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW, AND PROVIDING FOR AN EFFECTIVE DATE. FINDINGS OF FACT WHEREAS, DiVosta Homes, L.P. ("DiVosta") filed a Development of Regional Impact Application for Development Approval ("ADA") in accordance with Section 380.06 Florida Statutes; and WHEREAS, on November 9, 2004, the Indian River County Board of County Commissioners approved the Waterway Village Development of Regional Impact and issued a Development Order under Resolution 2004-137; and WHEREAS, the Developer is in the process of constructing up to 1,596 residential dwelling units, community recreation improvements, and up to 20,000 square feet of neighborhood commercial uses together constituting the Waterway Village Development of Regional Impact; and WHEREAS, on May 11, 2010, the Indian River County Board of County Commissioners approved an amended and restated Development Order under Resolution 2012-037; and WHEREAS, on April 11, 2012, the Indian River County Board of County Commissioners approved an amendment to the restated Development Order under Resolution 2012-029; and WHEREAS, at this time, the Development Order requires the Developer to submit annual reports, pursuant to Section 380.06(18), Florida Statutes; and WHEREAS, Section 380.06(18), Florida Statutes specifies that development orders which require annual reports may be amended to require biennial reports at the option of the local government; and WHEREAS, the Developer has requested that the Development Order be amended to require biennial reports, instead of annual reports, in accordance with Section 380.06(18), Florida Statutes; and WHEREAS, the Board of County Commissioners as the govern ing body of Indian River County, having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and empowered to amend the Development Order to require biennial reports instead of annual reports; and WHEREAS, the Board of County Commissioners of Indian River County has determined that amending the Development Order to require biennial reports instead of annual reports will not create the likelihood of any additional local or regional impacts and CODING: Underline: Additions Strike-tl�euglr: Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts2013-_.doc 1 RESOLUTION 2013-073 WHEREAS, the Board of County Commissioners of Indian River County has determined that the proposed amendment to the Development Order does not constitute a substantial deviation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a Public Meeting duly constituted and assembled on the 20thday of August , 2013, that the following amendments to the Development Order are hereby APPROVED. Condition 7. erBiennial Report The Biennial Report required by Subsection 380. 06(18), Florida Statutes shall be submitted on November 1St of 2014 and on November 1St eaeh yea; in alternate Years thereafter-eii-tl}e aer-safy date e to Indian River County, the Treasure Coast Regional Planning Council, the Florida Department of Environmental Protection, the Florida Department of Transportation, the St. Johns River Water Management District, the state planning agency, and such additional parties as may be appropriate or required by law. The contents of the report shall include those items required by this DO and Rule 9J-2.025(7), FAC, The Indian River County Community Development Director shall be a the local official assigned the responsibility for monitoring the development and enforcing the terms of the DO. Condition 30. Commencing in HAAS 2014 and continuing every other year thereafter, the Developer shall submit an a Biennial Status Report indicating the status (schedule), guaranteed improvements, monitoring and studies. This Annual Biennial Status Report shall be submitted to Indian River County, Florida, Department of Transportation, Treasure Coast Regional Planning Council and the Department of Communitmy Affairms Economic Opportunity as part of the DRI anal Biennial Report. The mal Biennial Status Report shall include roadway improvements needed to be constructed, the guaranteed date of completion for the construction of each needed improvement, the party responsible for the guaranteed construction of each improvement, and the form of the binding commitment that guarantees construction of each improvement. Additionally, this report shall include a trip generation study determining new external traffic during both the a.m. and p.m. peak hours due to existing development. No further building permits for the Waterway Village DRI shall be issued at the time the gyral Biennial Status Report reveals that any needed transportation improvement included in the DO is no longer scheduled or guaranteed, or has been delayed in schedule such that it is not guaranteed to be in place and operational, or under actual construction consistent with the timing criteria established in this DO. Condition 85. An ann tlal biennial report shall be filed November 1st of every other year ^�*�r ^a��*�� *'�^ 139 beginning November 1, 2014 and shall contain the following: a. A description of changes in the plan of development, or in the phasing for the report ing year and for the next year. CODING: Underline: Additions sem: Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts2013-_.doc 2 RESOLUTION 2013- 073 b. A summary comparison of development activity proposed and actually conducted for the year. c. Identification of undeveloped tracts of land that has been sold, transferred or leased to a successor developer. d. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original PD site since the PD rezoning was approved. e. An assessment (listing) of the developer's compliance with each condition of the DO, PD rezoning conceptual PD plan approval. f. A description of any request, and the status of that request, for a modification to the approved conceptual plan that was filed in the reporting year or is anticipated to be filed during the next year. g. An indication of a change, if any, in local governmental jurisdiction of any portion of the development since the conceptual PD was approved. h. A list of significant local, state and federal permits which have been obtained, or which are pending by agency, type of permit, permit number and purpose of each. i. A list specifically addressing the following items in regard to the entire subject property. 2 3 4. 7 square footage of development approved for construction by land use type; square footage of structures and facilities under construction by land use type; square footage of structures and facilities completed by land use type; total number of residential certificates of occupancies for the project; thA number of residential certificates of occupancies obtained during the one year reporting date; status of the functioning management system, and maintenance of the surface/stormwater status of water, wastewater, and irrigation services and infrastructure; 8. status and viability of any planted littoral zone, upland edge vegetation, or required buffer; 9. a report addressing all traffic monitoring conditions; 100 a list of traffic improvements completed, under construction or design; CODING: Underline: Additions StrilEe-Hxe��gFt: Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts2013-_.doc �1 RESOLUTION 2013- � 11. the number of school age children living within the project (every other report); 12e dedications of sites, right -of --way, easements, and improvements to public entities. Condition 86. On November 1St of each year in which a Biennial Report is not due, the Developer shall notify the County of the total number of residential units within the project for which building permits have been issued. Effective Date of Amendment The amendment set forth herein shall become effective August 20 , 2013. PASSED AND ADOPTED on this 20th day of August 2013. The foregoing resolution was offered by Commissioner Solari and the motion was seconded by Commissioner Davis , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Xea Yea Yea Yea The Chairman thereupon declared the resolution duly passed and adopted this gI.1glaGr , 2013. J.R. SMITH fob ; CLERK CERCU�T C,.pTRT L. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 20thiay of DU�IiU Ul I.UUIlty I.UIIliI115S1Ui1Gi5 CODING: Underline: Additions Ste: Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts2013-_.doc RESOLUTION 2013-..4Z STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Joseph E. Flescher, and Maureen Gel fo as DEPUTY CLERK to Joseph E. Flescher, 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. WITNESS my hand and official seal in the County and State aforesaid this 20th day of 2013. '""Y Pu lEfllil COLLNJS-LI$jER iQ � • 4io * * MY COMMISSION II EE 012487 EXPIRES: October 30, 2014 (Notary Seal) J'')toFF`�� Bow 7Weudo Nfty3ff** VED AS TO PLANNING MATTERS Robert M. Keating, ACP Community Development Di APPROVED AS TO LEGAL SUFFICIENCY County Attorney Notary Public My Commission Expires: rERRI CowNs usTEa MY COMMISSION t EE 012417 * EXPIRES: October 30, 2014 �r''toF ��td' IpNel ThN lint Notyl Samoa CODING: Underline: Additions S�e�gk: Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts2013-_.doc 5