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Home My WebLink About2012-029RESOLUTION 2012- 029 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 Development of Regional Impact and issued a Development Order under Resolution 2004-137; and WHEREAS, on May 11, 2010, the Indian River County Board of County Commissioners approved an amended and restated Development Order under Resolution 2010-037, and WHEREAS, the applicant proposes to construct up to 1,596 residential dwelling units, community recreation improvements, and up to 20,000 square feet of neighborhood commercial uses together constituting a Development of Regional Impact on real property legally described in Exhibit "A" attached hereto and located in Indian River County, Florida; and WHEREAS, on June 24, 2011, DiVosta filed a Notification of Proposed Change to an Approved Development of Regional Impact ("NOPC") requesting amendment to Development Order Condition 72 regarding "Hurricane Preparedness"; and WHEREAS, through the NOPC review process, the applicant agreed to extend review timeframes and agreed to revise the proposed Condition 72 amendment wording; 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 consider Applications for Development Approval for Developments of Regional Impact and Notifications of Proposed Change to an Approved Development of Regional Impact; and WHEREAS, it has been determined that the following findings of fact pertain to the Waterway Village development of regional impact and the proposed amendment: (a) The proposed development is not in an area of critical state concern designation, purs>r►ant to the provisions of Section 380.06, Florida Statutes; F:',Community Development\Uscrs�CurDevAR[SOLUTION\2012 Resolutions\Waterway Village(sufespace).DOC RESOLUTION 2012- an (b) The State of Florida has not adopted a Land Development Plan applicable to the area in which the proposed development is to be located; (c) The proposed development, subject to the conditions specified herein and conditions specified in the Waterway Village planned development approval granted by Indian River County, is consistent with the Comprehensive Plan and Development Laws and Regulations of Indian River County; (d) The proposed development is not located within a hurricane vulnerability zone as defined in Florida Administrative Code 9J-2.0256; (e) The proposed amendment to the Development Order does not constitute a substantial deviation. CONCLUSIONS OF LAW 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 10`x' day of April, 2012, that the amendment to Development Order Condition 72 is hereby APPROVED and that Development Order Condition 72 is amended and restated as indicated below: Hurricane Preparedness a a I 1 *1 = a� I �1 M � mm • Waterway Village is not located within a hurricane vulnerability zone and is subject to local emergenc�t� eneral/special needs shelter requirements only. As of 2012, the County has a surplus of general/special needs shelter space for a category 3 4 or 5 storm event in excess of 3,000 persons In addition it is projected that a shelter space surplus will exist through nroiect build -out. To ensure that adequate shelter space is available for proiect residents, the developer shall meet the following conditions: a. Within each of the first 431 residential units (all units within_ Plat 1 A, 1 B, 1 C, 1 C replat no 1� a safe space (safe room) shall be provided in accordance with the standards as adopted by the Federal Emergency Management Agency's publication "Taking Shelter from the Storm". Each building permit application for each of the 431 residential units shall include a safe room within each unit, and no certificate of occupancy (C.O.) for any of the 431 residential units shall be issued unless the safe room is completed. F:ACommunity Development\Users\CurDevARESOLUTION\2012 Resolutions\Waterway Village(safcspace).DOC 2 RESOLUTION 2012- 029 b. For each final plat application filed after December 31, 2015, the developer shall obtain written verification from the County Emergency Services Director that there is a surplus of shelter space sufficient to serve the number of residential units generated from the phase being platted. In the event that the County Emergency Services Director determines that there is insufficient shelter space to serve the phase being platted, the developer shall enter into an agreement with the county to mitigate shelter space impacts by one or more of the following methods: contribution to provide new shelter space or to expand the capacity f existing shelter space; provision of on-site shelter space by providing a safe space in each residential unit; provision of one or more dual use facilities such as a clubhouse constructed and equipped to meet shelter requirements; or provision of other mitigation agreed upon by the developer and the County CODING: Underline: Additions Sifike through: Deleted Text Effective Date of Amendment The amendment set forth herein shall become effective June 19, 2012. PASSED AND ADOPTED on this 10th day of �l 2012. The foregoing resolution was offered by Commissioner nescher and the motion was seconded by Commissioner D%ds , and upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Peter D. O'Bryan Commissioner Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher The Chairman thereupon declared the resolution duly passed and adopted thisl0th day of 1 , 2012. ,,yo92 d 491 VtR cou+ YaY uO YYYOaY BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY Gary C�heeler, Chairman Board of County Commissioners F:ACommunity Development\Users\CurDevARESOLUTION\2012 Resolutions\Waterway Villege(safespacc).DOC 3 RESOLUTION 2012- a J.K. L5��'"iU, i'q ATTEST: CLERK CIRCUIT COUF: S Clerk 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 to take acknowledgements, personally appeared C. GhePler and Lerner Allen as DEPUTY CLERK TO Gxv C=wj?pja as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the person 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 lday of , A.D., 2012. o�PRr PSB T�ftf't! COL4.IW��-!.!STER r MY COr,'41?!iir " _ Oi2487 r EXP!HES Oc!obFr100, 2014 TFOF FOle Bonded Thro Budget Nctarp Services APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP ) Community Development Director APPROVED AS TO LEGAL SUFFICIENCY 'Alan S. Polackwich, Sr. �` County Attorney ..j Notary Public F:AConununity DevelopmentAUsers\CurDevARESOLUTION\2012 Resolutions\Waterway Village(safespace).DOC EXHIBIT A ATKQt: COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK KANCIE *39 EA6T THAT PfrR'1 OF THE SV1-1/4 CSP SECT`(ON 1 � 3T SOUTH 6V 1/4&OFNTHB SE . LYING SOUtii OF TTigNORTHRELTF GB 39 BAST, L" NOG SOUTI-i OF THE U4 OF SECTION 15, TOWNSHIP 32 S0�', SOUTH 1 /2 OF THE t?ORTS RnjEF t;%NAL•AND WEST OF I.p►`IFRA� °H'�•�aNAi'; THE SOUTH i/2 OF 5FCI70N ]b, TOWNSHT 32 SOUTH, RANM,3q)a'ABT, Lym SOUTH OF THE NORTH RELIEF CANAL: THE NW 114 OF @FC IO14 22, TOW 4 OF SEC�TO RA21GE 391AST; AND THAT FAAT OF THB NW 1f4 OP 'II'NB °i3" CABAL A TOWNSHIP 32 SOUTH, RANGE 39 F.A.S l ,-LYING TEST OF 1 AND TRA CTS I . of --M 7UGH 91 INDIAN RIVER COUNV FSM ST' ACCORD31�1G'I'0TBE 1�YiNG A� B1'INGIN INCLUSIVE SECTION 21 • TOWNSHIP 32 SOTTIZi�IZAN COMPANY L.NDS, AS r e_c [ GENERAL PLAT OF 'ARD OF -TY E RIDIAN RIVER FAQ c OF 5T. LL]Q5 REC DED.W PLAT.BOOK 2; PAGE 25 OP'Z PUBIJC RIECO"S CO[JN 11', FZARIDA; SAMLAND NOW LYING Al D BBD1 40J TN TNDL" N`RNP�COUNTY, ,,Z, SS AND EXCEPT; 'THE SOUM 6D.00 FRET OF'IRACTS 5 THROUGH 8, INCLUSIVE OF SEC TION 21, TOWNSHIP 32 SOUTH, RANGE 39 RASRr;,R-CARmsCOMPA.A Y L.AI�MG [}EN$RAI.' pI:AT; .OF .LANDS' OF THE �" • "CORDBIR IN-. PLAT BOOK 2, PACiB.251 ST. LCOUNTYRID� n P=, t CIH - RECORDS, Ido7W' LYING AI�7D BMG IN TNDIA14 VER � Vi 114H THE SOIJTH 60.00 FEET OP THS NDRTAW.�T Q COY 1I�P8HC SEMON 22 , TOWNSHTP 32 SC)LML RANGE 39 EAb"T, INDIAN RiYI'-R THE SOUTH I I .AND LBSS AND EXCEPT: T1�NDRTfl R �Z �t OF TM 6()U TH 72 OF TIB WEST I ISg.9 FEET OF•TRA.CT 7, AND THEND 641.1 FEET OF T tACT 81 IN SECTION 21, 7'OW 818 32 SOUTH $• , , VagG39 PAST ACCORDING! TO THB LAST GENHRALpLAT QF LANDS OF THB'S LD N i�TVBIZFAItMS - C01vtBATiY, RECORDED IN FLAT $GOTS. N4•W L2YI2�a AND BF.1NG IN INDIA3N OF ST4 i�.IVBR LUC1E 'COUNTX, FIARIDA; SAID LAND t , - -COUN"I-X, FL07:1.1DA.. Q0NTAR%tDNG 696,642 ACRES, MORE OR LESS oil c