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HomeMy WebLinkAbout8/24/1981c � T MONDAY, AUGUST 24, 1981 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON MONDAY, AUGUST 24, 1981, AT 1:30 O'CLOCK P.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; WILLIAM C. WODTKE, .JR., VICE CHAIRMAN; DICK BIRD; ALFRED GROVER FLETCHER; AND DON C. SCURLOCK, SJR, ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; L. S. "Tommy" THOMAS, INTERGOVERNMENTAL COORDINATOR; R. STEPHEN HOULIHAN, ASSISTANT ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JEFFREY K. BARTON, FINANCE DIRECTOR; AND JANICE CALDWELL, DEPUTY CLERK. DEVELOPMENT ORDER - VILLAGE GREEN WEST & VILLAGE GREEN SOUTH THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT IT WAS CALLED FOR THE PURPOSE OF CONSIDERING THE DEVELOPMENT ORDER REGARDING THE VILLAGE GREEN WEST AND VILLAGE GREEN SOUTH APPLICATION FOR DEVELOPMENT APPROVAL, AS SUBMITTED BY FLORIDA ATLANTIC ASSOCIATES. ATTORNEY HOULIHAN BRIEFLY REVIEWED THE PROPOSED RESOLUTION, WHICH CONSTITUTES THE DEVELOPMENT ORDER. HE REFERRED TO THE SECOND PAGE, UNDER CONCLUSIONS OF LAW, THAT WERE LEFT BLANK UNTIL THE BOARD COULD AGAIN ADDRESS THE ITEMS REGARDING THE CHLORIDE CONTENT OF THE WATER; THE FIRE STATION AND CIVIL DFFENSE; AND SIGNALIZATION ON ROUTE 60, COMMISSIONER SCURLOCK SPOKE OF THE CHLORIDES AND THE QUALITY OF WATER IN THE AREA. DISCUSSION FOLLOWED ABOUT DISCHARGING THE BRINE DIRECTLY INTO THE CANAL; THIS WAY THERE WOULD BE LESS INTRUSION. COMMISSIONER BIRD STATED THAT HE UNDERSTOOD THE LOGIC ABOUT THE DISCHARGE OF THE BRINE INTO THE CANAL BUT APPARENTLY, THE DEPARTMENT OF ENVIRONMENTAL REGULATION HAD LOOKED AT IT BOTH WAYS AND FOR SOME REASON THEY HAVE INDICATED THEY WANTED IT IN THE IMPOUND- MENT AREA FIRST. ' AUG 24 1961 Box r , r AUG 241981 Bog 47 .JAMES W. YOUNG, JR., OF BEINDORF AND ASSOCIATES, STATED THAT THEIR COMPANY WAS NOT DOING THE PERMITTING ON THE BRINE DISCHARGE; HOWEVER, HE ADVISED THAT THE DER HAD NO OBJECTION TO ITS GOING INTO THE POND, THEIR RECOMMENDATION COULD HAVE BEEN BASED ON THE FACT THAT INDIAN RIVER FARMS DRAINAGE DISTRICT OBJECTED TO THAT METHOD, NEXT THE BOARD DISCUSSED THE FIRE STATION. COMMISSIONER WODTKE SUGGESTED A FIGURE OF $35,000 AS THE CASH CONTRIBUTION FROM VILLAGE GREEN FOR THE PURPOSE OF CONSTRUCTING THE FIRE STATION ON THE 1/2 ACRE SITE THEY WILL FURNISH, AND $15,000 IF THE PROPERTY REVERTED BACK TO THEM. HE ADDED THAT A LONG RANGE PLAN CALLED FOR A FIRE STATION IN 1984 BUT IT COULD BE BUILT SOONER IF THE NEED WAS THERE. COMMISSIONER WODTKE THEN ASKED ATTORNEY GORDON JOHNSTON IF THERE WOULD BE ANY OBJECTIONS TO MAKING WATER AND SEWER AVAILABLE TO THE 1/2 ACRE SITE - THE COUNTY WOULD PAY FOR THE USE OF THE WATER AND SEWER. ATTORNEY JOHNSTON REPLIED THAT IT WOULD BE AGREEABLE WITH THE APPLICANT. COMMISSIONER WODTKE SUGGESTED THAT THE BOARD ACCEPT THE ONE-HALF ACRE SITE TOGETHER WITH $35,000 FOR THE PURPOSE OF CONSTRUCTING A FIRE STATION. HE ADDED THAT IF THE SITE WAS NOT USED, IT WOULD REVERT BACK TO THE OWNER WHO WOULD THEN MAKE AN ADDITIONAL $15,000 CONTRIBUTION; THE DONATIONS BEING MADE UPON 50% COMPLETION OF THE DEVELOPMENT; AND THE FUNDS BEING HELD IN AN ESCROW ACCOUNT FOR THE CONSTRUCTION OF THE FIRE STATION, OR UPON COMMENCEMENT OF CONSTRUCTION OF THE SAID FIRE STATION, WHICHEVER SHALL BE EARLIER. THE BOARD AGREED. DISCUSSION NEXT AROSE ABOUT A SHELTER BEING MADE AVAILABLE BY THE DEVELOPER FOR VILLAGE GREEN SO THE RESIDENTS WOULD HAVE A PLACE TO GO TO IN CASE OF A HURRICANE. LENGTHY DEBATE TOOK PLACE,AND IT WAS DETERMINED THAT A PROPER PLACE FOR A SHELTER WAS NOT WITHIN A MOBILE HOME PARK AND IT WOULD BE BETTER TO USE A CASH CONTRIBUTION OF $40,000 FROM THE APPLICANT TO UPGRADE OTHER SHELTERS INSTEAD. SINCE THERE WAS A DIFFERENCE OF OPINION, CHAIRMAN LYONS REQUESTED A MOTION TO SETTLE THE MATTER. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM- MISSIONER BIRD, THAT THE BOARD ACCEPT, IN LIEU OF THE OWNER MAKING CONSTRUCTION ADDITIONS TO THE RECREATIONAL FACILITIES, THE CASH CONTRIBUTION OF $40,000 TO BE USED SPECIFICALLY FOR CIVIL DEFENSE PURPOSES, PAYABLE UPON 50% COMPLETION OF THE VILLAGE GREEN WEST AND SOUTH DEVELOPMENTS; THE FUNDS TO BE HELD IN AN ESCROW ACCOUNT. FURTHER DISCUSSION ENSUED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. THE BOARD NEXT DISCUSSED THE TRAFFIC CONTROL SIGNAL. COUNTY ADMINISTRATOR NELSON FELT THE SIGNALIZATION IMPACT SHOULD BE ON THE SHOULDERS OF VILLAGE GREEN. AFTER A VERY LENGTHY DISCUSSION, THE BOARD FELT THAT IF THE DEPARTMENT OF TRANSPORTATION DETERMINED THAT A SIGNAL WAS NOT NECESSARY AT THE PROJECT I S MAIN ENTRANCE, THE COUNTY COULD PETITION FOR A SIGNAL AT RANCH ROAD AND STATE ROAD 60; AND THE APPLICANT WOULD CONTRIBUTE AN AMOUNT TOWARD THE INSTALLATION COST THAT IT WOULD HAD PAID IF A SIGNAL HAD BEEN INSTALLED AT THE PROJECT ENTRANCE; AND IF A PERMIT COULD NOT BE OBTAINED FOR A SIGNAL, THE APPLICANT WOULD HAVE NO FURTHER OBLIGATION. ATTORNEY HOULIHAN POINTED OUT THAT MONITORING PROCEDURES FOR THIS DEVELOPMENT ORDER SHOULD BE DISCUSSED AND AGREED UPON BY BOTH PARTIES. HE FELT THE COUNTY ADMINISTRATOR COULD HANDLE THIS PROCEDURE. VARIOUS WORD CHANGES WERE REVIEWED IN THE PROPOSED RESOLUTION. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM- MISSIONER BIRD, THAT THE BOARD ADOPT RESOLUTION 81-59, INCORPORATING THE MATTERS JUST DISCUSSED, FOR MAKING FINDINGS OF FACT AND RENDERING CONCLUSIONS OF LAW REGARDING VILLAGE GREEN WEST AND VILLAGE GREEN SOUTH APPLICATION FOR A DEVELOPMENT OF REGIONAL IMPACT; AND CONSTITUTING IT AS A DEVELOPMENT ORDER. AUG 24 1981 3 e00 47 PAGE -JOG rAUG4 1981 86,ox 4 PAc2 E.30 DICK SILLS, VICE PRESIDENT OF VILLAGE GREEN, CAME BEFORE THE BOARD AND RELATED A SITUATION CONCERNING THE AIR CONDITIONING UNITS THEY WERE USING IN THE PROJECT. HE STATED THAT A NEW REQUIREMENT REGARDING THE ENERGY EFFICIENCY RATIO WILL SOON GO INTO EFFECT. THE ONLY SUPPLIER FURNISHING THIS NEW RATIO PRODUCES AN INFERIOR AIR CONDITIONER; HENCE, THE DILEMMA. AFTER SOME DISCUSSION, IT WAS THOUGHT THE WORDING It AT SUCH TIME AS IT BECOMES AVAILABLE FROM A NUMBER OF SUPPLIERS" MIGHT HELP IN THIS SITUATION. IT WAS THOUGHT 90 DAYS WOULD BE SUFFICIENT TIME TO MAKE THIS TRANSITION FROM ONE TYPE OF ENERGY EFFICIENCY RATIO TO ANOTHER. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER IN OPPOSITION. RESOLUTION NO. 81-59 A RESOLUTION MAKING FINDINGS OF FACT AND RENDERING CONCLUSIONS OF LAW REGARDING THE VILLAGE GREEN WEST AND VILLAGE GREEN SOUTH APPLICATION FOR DEVELOPMENT APPROVAL, A DEVELOPMENT OF REGIONAL IMPACT; CONSTI- TUTING THIS RESOLUTION AS A DEVELOPMENT ORDER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about March 27, 1981, Florida Atlantic Associates, II and III, filed a Development of Regional Impact application for development approval with the Indian River County Board of County Commissioners in accordance with Chapter 380, Florida Statutes; and WHEREAS, this Board, as the governing body of the local government having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider applications for development approval for Developments of Regional Impact; and WHEREAS, all public and governmental notice requirements have been satisfied; and WHEREAS, this Board has, on July 29th, 1981, held a duly noticed public hearing on the Development of Regional Impact application for development approval and has heard and considered the testimonv taken at that hearing; and WHEREAS, this Board has received and considered the report and recoTM4mendations of the Treasure Coast Regional Planning Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: FINDINGS OF FACT 1. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Chapter 380, Florida Statutes. 2. The .proposed development does not unreasonably interfere with the achievement of the objectives of an adopted state land development plan applicable to the area. 3. The development is consistent with the'local land development regulations. 4. The development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council. AUG 2`4 1981 47 'PAGE 302 AUG 241981 47 5. The application .for development approval and its supplemental information are hereby incorporated by reference and made a part hereof and are on file with the Treasure Coast Regional Planning Council and the Indian River County Planning Department. 6. The application for development approval and supplemental information provided by the developer contain certain assurances and actions that will be undertaken during the development and life of this project. 7. These assurances and actions were expressly relied upon by this Board in approving this development with conditions. CONCLUSIONS OF LAW 1. The Village Green West and Village Green South Develop- ment of Regional Impact is hereby approved and this Resolution shall constitute a development order, upon execution and recording, subject to the following conditions: (A) The Treasure Coast Regional Planning Council assess- ment report regarding Village Green dated July, 1981, is hereby incorporated by reference and made a part hereof. All recommenda- tions contained in this report shall be fully complied with where not inconsistent with or sup�erceded by specific requirements below. In addition, the applicant shall have 90 days from the date of execution of this order to comply with Treasure Coast Regional Planning Council Recommendation No. 15 regarding energy efficient air conditioners. This recommendation shall apply to new customers only after the expiration of the above time period. (B) The information and assurances to be found in the following documents shall be fully complied with: (1) Florida Atlantic Associates, II and III, DRI/ADA dated March 27, 1981; (2) Letter and attachments dated May 15, 1981, from David K. Maltby to Howard Muise; (3) Letter and attachments dated July 6, 1981, from David K. Maltby to Howard Muise; (4) Revised Drainage Plan dated July 17, 1981. (C) The County recommends and the applicant agrees that brine discharge from the proposed reverse osmosis water treatment M. M M facility shall be discharged directly into the drainage canal rather than a retention pond if the appropriate agency permits can be obtained. (D) The applicant agrees to donate an unencumbered one-half acre site satisfactory to the County together with the sum of $35,000 for the purpose of constructing a fire station. In the event that the site is not utilized by the County for construction of a fire station, the property will revert to the applicant, and at such time an additional $15,000 payment by the applicant to the County will be made. If the donated site is utilized by the County for the construction of a fire station, the applicant will make available to the station water and sewer facilities at its normal rate. The initial site donation and cash contribution of $35,000 shall be made by the applicant upon 50% completion of the entire Village Green West and Village Green South development or upon commencement of construction of the said fire station, whichever shall be earlier. Commencement of con- struction shall be construed to mean the letting of bids for the fire station. The funds shall be held in an escrow account and utilized for fire station construction only. (E) The applicant shall donate to the County the sum of $40,000 to be utilized by the County for civil defense purposes. This sum shall become payable upon 50% completion of both the Village Green West and Village Green South developments. The fund shall be held in an escrow account and utilized for civil defense purposes only. If possible these funds will be utilized in the general area of the development, but this requirement is not mandatory. (F) If, pursuant to the Treasure Coast Regional Planning Council Recommendation No. 11, the Department of Transportation determines that a traffic signal is not necessary at the project's main entrance and State Rbad 60 to maintain level of service C, the County may petition the Department of Transportation for a traffic signal at the intersection of Ranch Road and State Road 60. If a Department of Transportation permit for the Ranch Road and State Road 60 signal is obtained,.the applicant will contribute an amount toward the cost of installation that it would have AUG 24 1981- - 3 - BOOK 47 PAGE 304 Y AUG 24 1981 Boa 47 PAGE -305, incurred had a signal been required at the project's main entrance and State Road 60. In the event that the Department of Transporta- tion permit cannot be obtained for this signal, the applicant shall have no further obligation with regard to traffic signals. 2. The local official responsible for assuring this develop- ment's compliance with this development order shall be the County Administrator of Indian River County. Monitoring procedures shall be agreed to between the parties hereto within 90 days after the execution of this order. 3. In the event that the developer fails to commence signifi- cant physical development within three years from the effective date of the development order, the development approval shall terminate and the development shall be subject to further consider- ation pursuant to Section 380.06, Florida Statutes. Significant physical development shall mean site preparation work for any portion of Phase I. 4. The requirements for the annual report specified in Chapter 380, Florida Statutes, shall be in accordance with rules adopted by the State Land Planning Agency. The applicant.shall the StategLand Planning Agency, submit the annual report to/the Indign River County Board of County Commissioners, the Treasure Coast Regional Planning Council, the Department of Environmental Regulation and the St. Johns River Water Management District within one week of the anniversary date of issuance of the development order, and continuing annually until project completion. The parties shall mutually agree upon the contents of the annual report within three months following the issuance of the development order. 5. The types of changes to the development which shall require submission for a substantial deviation determination will be as described in Chapter 380, Florida Statutes. 6. The developer shall record notice of the adoption of this development order in the public records of Indian River County, pursuant to the requirements of Chapter 380, Florida Statutes. 7. A legal description of the property is attached as Exhibit A to this Resolution. - 4 - d r M. M M This Resolution shall become effective immediately. ATTEST: Freda Wright Clerk of Circui Court Adopted: 8-19-81 BOARD OF COUNTY C01414ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By/ Patrick B. Chairman - 5 - AUG 241981 box 47 ,pAcE3o6, r -A-UG 241981 Raab? i EXHIBIT A North 30 Acres of Park I including 10 Acres of Commercial Tract 11, Less and Except the East 30 feet thereof of 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, 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 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, accgrding 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 1/2 Acre Perc Ponca Site for Park 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 distance of 330 feet to the Point of Beginning. Said land lying and being in Indian River County, Florida. Park II 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. 7 PAGE+�� M. ATTORNEY COLLINS ARRIVED AT THE MEETING AT 3:00 O'CLOCK P.M. VILLAGE GREEN WEST -REQUEST TO BEGIN CONSTRUCTION AND SUBMITTAL OF CASH PERFORMANCE BOND THE BOARD THEN REVIEWJED THE FOLLOWJING MEMORANDUM FROM ADMINISTRATOR NELSON: TO: The Honorable Members of the Board of County Commissioners DATE: August 12, 1981 FILE: SUBJECT: Request to begin Mobile Hor Construction on Village Gre. West (Phase IV) prior to Cc - of Improvements and Submitt.-. Cash Performance Bond h 1 C a FROM REFERENCES:1) James W. Young, P.E. Enginee N i A. Nelson, of Record, to Board of County County Administrator Letter: Commissioners dated 8/11/81 Ricnard I. bills, Vice res- ident, Village Green to Board of County Commissioners dated 7/9/6 DESCRIPTION AND CONDITIONS The owners and Engineer -of -Record of Village Green West (Phase IV) are requesting permission to proceed with mobile home construction on 175 lots located at the north west portion of Phase IV south of SR 60 and west of Ranch Road. Since portions of the paving, drainage, sewerage system, and water system are not complete, a cash bond is proposed for acceptance to cover the uncompleted work including a 20% contingency amount. The bond amount is $33,160. based upon the Engineer -of -Record's certified cost estimate as taken from existing contracts for this work, and doet not include the Sewage Treatment Plant or the Water Treatment Plant completion. The developer has stated that the Water and Sewer Plant should be complete on August 24,1981, and that homes will not be occupied prior to D.E.R. approval of both plants. ANALYSIS_AND ALTERNATIVES The County Engineer inspected the site on July 21, 1981 with the owner and Engineer -of -Record and observed the construction. Progress is rapidly occuring for the completion of improvements in this area proposed for mobile home construction. Retention ponds havd been excavated and drainage is nearing completion. The Planning Department has reviewed the Development of Regional Impact Assess- ment Report for Village Green with the Board and although a Development Order has not been issued, it is the Planning Director's opinion that it is not necessary to delay approval of this particular request until such order is written. That land proposed to be given for a Fire Station by Village Green is not within the limits of this construction. The developer has been requested to give additional information to the Board and that request should be granted prior to August 21, 1981. The alternatives recommended by the staff are as follows: Alternative # 1 Approve receipt of the $33,160. cash bond for uncompleted paving, drainage, water lines, and sewerage facilities including 20% contingency and allow mobile home con- struction with the condition that no occupancy is allowed until both the water and A U G 24 1981 BO 11 308 AUG 24 1991 47 sewer plant is complete, all D.E.R. approvals granted, and the D.R.I. Development Order is issued. This alternative would allow the developer to begin setting up 175 mobile homes. The Utilities Director has no objection to this alternative. Alternative # 2 Deny Village Green's request to begin mobile home construction prior to com- pletion of the Water and Sewer Plant, issuance of a Development Order, and providing additional D.R.I. information to the Board. This alternative would mean that Village Green would have to obligate working capital for a longer time while construction is in progress. RECOMMENDATIONS AND FUNDING Based upon past county policy as applied on Village Green Phases I,II, and III and no objections being voiced by the staff, alternative # 1 is recommended thereby approving posting of the $33,160. cash performance bond for uncomplete improvements and allowing mobile home construction to proceed prior to completion of improvements. No occupancy will be allowed until both the water and sewer plant is complete and operation is normal, all D.E.R. approvals are granted, and the D.R.I. Development order is issued. There are no further funding consideration to be brought before the Board con- cerning this matter. AFTER LENGTHY DISCUSSION ON THE VARIOUS PHASES OF VILLAGE GREEN, IT WAS POINTED OUT THAT THE DEVELOPER WOULD BE PROCEEDING AT HIS OWN RISK. THIS FACT WAS ACCEPTED BY THE DEVELOPER. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER BIRD, THAT THE BOARD APPROVE THE ADMINISTRATORS RECOMMENDATION OF ALTERNATIVE #1 AS DESCRIBED IN HIS MEMORANDUM OF AUGUST 12, 1981, WITH THE UNDERSTANDING THAT THE DEVELOPER PROCEEDS AT HIS OWN RISK. MORE DISCUSSION ENSUED AND IT WAS DETERMINED THAT SHOULD THE DRI BE DENIED, VILLAGE GREEN WEST WOULD BE DEVELOPED, BUT NOT VILLAGE GREEN SOUTH. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 3:30 O'CLOCK P.M. ATTEST: J"_x_.L CLERK C MAN