HomeMy WebLinkAbout1998-061 F f'
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RESOLUTION NO.98.61
A Resolution of the Board of County Commissioners of Indian River County,
Florida, making findings of fact and conclusions of law pertaining to the
Horizon Outlet Center,a Development of Regional Impact,and constituting this
Resolution as a Development Order by Indian River County in compliance with
law;providing an effective date;and providing a termination date.
WHEREAS,Horizon/Glen Outlet Centers Limited Partnerships has filed a Development of
Regional Impact Application for Development Approval with Indian River County, Florida, in
accordance with Section 380.06,Florida Statutes;and
WHEREAS,the authorized agents of the Developer are David S.Knight,P.E.,and Ralph
L.Evans,Trustee.
WHEREAS,said Applicant proposes to construct in addition to 333,089 square feet of
existing retail building area,the following:200,000 square feet of outlet retail; 120,000 square feet
of general retail, 200 room resort hotel; 80 room economy hotel, 12 screen cinema, 9 hole golf
course and 3 acres of recreation/amusement; together constituting a Development of Regional
Impact on the real property legally described in Exhibit"A"attached hereto and located in Indian
River County,Florida;and
WHEREAS,the Board of County Commissioners as the governing 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
WHEREAS,the Board of County Commissioners on the 2nd day of June, 1998,held a duly
noticed public hearing on the Development of Regional Impact Application for Development
Approval and has heard and considered the testimony taken thereat;and
WHEREAS, the Board of County Commissioners has received and considered the
assessment report and recommendations of the Treasure Coast Regional Planning Council;and
WHEREAS,the Board of County Commissioners has made the following FINDINGS OF
FACT and CONCLUSIONS OF LAW with regard to the Application for Development Approval:
FINDINGS OF FACT
1. The proposed Development is not in an area of critical state concern designated
pursuant to the provisions of Section 380.06,Florida Statutes;
2. The proposed development is consistent with the State Land Development Plan and
the State Comprehensive Plan;
3. The proposed development is consistent with the report and recommendations of the
Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12)(a),Florida
Statutes;
4. The proposed Development is consistent with the local comprehensive plan,zoning,
and land development laws and regulations of the County;and
5. The conditional concurrency requirements for drainage, solid waste, water,
wastewater, recreation, and transportation have been met under the Indian River County
Concurrency Management System,subject to the conditions set forth in this development order and
subject to the county's land development regulations.
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RESOLUTION NO.98- 61
CONCLUSIONS OF LAW
NOW,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY,FLORIDA,in a public meeting,duly constituted and assembled this
2"d day of June, 1998, that the Horizon Outlet Center Development of Regional Impact Application
for Development Approval submitted by Horizon/Glen Outlet Centers Limited Partnerships is
hereby APPROVED, subject to the following conditions,restrictions,and limitations:
Application for D v to m nt Rproyai
I. The Horizon Outlet Center Application for Development Approval is incorporated herein by
reference. It is relied upon,but not to the exclusion of other available information,by the
parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial
compliance with the representations contained in the Application for Development Approval,
as modified by Development Order conditions,is a condition for approval.
For the purpose of this condition,the Application for Development Approval shall include
the following items:
a. Application for Development Approval dated December 17, 1996;and
b. Supplemental information dated August 15, 1997 and December 1, 1997.
" Commencement and Progress of Development
2. In the event the developer fails, within three years from the effective date of the
Development Order, to commence significant physical development beyond the
development in existence on the approval date of the Development Order,development
approval shall terminate and the development shall be subject to further development-of-
regional-impact review by the Treasure Coast Regional Planning Council,Department of
Community Affairs,and Indian River County pursuant to Section 380.06,Florida Statutes.
For the purposes of this paragraph,construction shall be deemed to have been initiated after
placement of permanent evidence of a structure(other than a mobile home)on a site,such
as the pouring of slabs or footings or any work beyond the stage of excavation or land
clearing,or construction of a permanent access road.
Phimmina
3. The phasing of the development is approved as follows:
Phase I consists of the +/-333,089 square feet of retail building area and associated
development existing as of the approval date of this development order. Phase II consists
of all remaining development, with build-out by December 31, 2002, unless otherwise
amended pursuant to the conditions of this development order and Florida statutes 380.06.
Termination Date
4. This Development Order shall expire on December 31,2009,
Transfer of An royal
5. Notice of transfer of all or a portion of the subject property shall be filed with the Indian
Raver County Board of County Commissioners. Prior to transfer,the transferee shall assume
in writing on a form acceptable to the County Attorney,any and all applicable commitments,
responsibilities, and obligations pursuant to the Development Order. The intent of this
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RESOLUTION NO.98. 61
provision is to ensure that subsequent property transfers do not jeopardize the unified control,
responsibilities,and obligations required of the project as a whole.
Annual Resort
6. The annual report required by subsection 380.06(l 8), Florida Statutes,shall be submitted
each year 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 and such additional parties as may be appropriate
or required by law. The contents of the report shall include those items required by this D.O.
and Rule 9J-2.024, Florida Administrative Code. The Indian River County community
development director shall be the local official assigned the responsibility for monitoring the
development and enforcing the terms of the D.O.
7. The annual report shall be submitted each year on the anniversary date of the adoption of the
D.O.
General Provisions
S. Any modification or deviation from the approved plans or requirements of this D.O.shall
be made according to and processed in compliance with the requirements of Section
380.06(19),Florida Statutes and Rule 9J-2,Florida Administrative Code.
9. The definitions found in Chapter 380,Florida Statutes shall apply to this D.O.
10. Reference herein to any governmental agency shall be construed to mean any future
instrumentality that may be created or designated as a successor in interest to,or which
otherwise possesses the powers and duties to any referenced governmental agency in
existence on the effective date of this D.O.
11. This D.O.shall be binding upon the developer and its assignees or successors in interest.
EhYIRONMENTAL AND NATURAL RFSOURCES
12. Transit vehicle boarding and unloading space at outlet center entrances shall be designated
on project site plans and constructed as part of the project. Upon implementation of
regularly scheduled transit service the following facilities,at a minimum,shall be provided:
1)covered bus shelters with seating, lighting,trash receptacles,2)transit stop signs;and 3)
bus schedules conspicuously available within the outlet center or bus shelter. In addition,
the outlet center shall consider programs that offer shopper bonuses to those patrons who use
transit to get to the outlet center. At the end of the first full year of regularly scheduled
transit service to the outlet center,the developer shall provide a written summary in the next
annual report, and in all subsequent annual reports required by Section 380.06, Florida
Statutes,regarding the extent to which these requirements and recommendations are being
implemented.
13. The developer shall consider establishing and actively supporting through the provision of
information and incentives to employees,a ridesharing program. At the end of the first full
year of the opening of the expanded outlet center, the developer shall provide written
summary in the next annual report,and in all subsequent annual reports required by Section
380.06,Florida Statutes,regarding the structure of any such program and an evaluation of
any such program's effectiveness.
14. The developer shall cooperate with and provide available information on the general location
of employee and shopper residences,regarding the establishment or expansion of transit
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RESOLUTION NO.98. 61
mutes to serve the Horizon Outlet Center,to the transit planning agency or transit provider
designated in the future to serve Indian River County.
15. During land clearing and site preparation, soil treatment techniques appropriate for
controlling unconfined particulate emissions shall be undertaken. If construction on a parcel
will not begin within thirty days of clearing,the soil shall be stabilized until construction of
the parcel begins. Cleared areas may be sodded,seeded,landscaped or mulched to stabilize
the soil. Minimal clearing for access roads,survey lines,fence installation,or construction
trailers and equipment staging areas is allowed without the need for soil stabilization. The
purpose of this condition is to minimize dust and dirt production during land clearing and
to prevent soil from becoming airborne between the time of clearing and construction. These
provisions shall be addressed in any land clearing permit(s)issued by Indian River County
for the project.
16. The developer shall preserve 26.27 acres of scrubby pine flatwoods,pine flatwoods,and sand
pine scrub on the project site as described in Map F2 of the DRI ADA for the Horizon Outlet
Center. The intent of this development condition is to provide protection of upland natural
communities,to provide habitat for wildlife, and to assist in improving water quality by
buffering wetlands and water bodies. The continued viability and maintenance of the
preserve area shall be assured through a Conservation Easement with the St.Johns River
Water Management District as part of the Development Plan. Said easement shall be
properly executed and recorded prior to issuance of a certificate of occupancy for any future
�. portion of the project beyond development approved under the PDA (preliminary
development agreement).
17. Temporary fencing of all preserve areas shall be installed by the developer and inspected and
approved by Indian River County prior to commencement of site clearing adjacent to the
preserve area. The fencing shall be of a type that will clearly identify and designate the
boundaries of the preserve areas and minimize the potential disturbance of these features
during land clearing and construction. The temporary fencing shall be established at least
30 feet outside the actual boundary of the preserve areas. Temporary fencing shall stay in
place until it is necessary to remove it for finish grading,planting required buffers,and
constructing any required permanent fencing. These provisions shall be addressed in any
land clearing permit(s)issued by Indian River County for the project.
18. The developer shall prepare a Preserve Area Management Plan for the preserve area. As a
minimum, the plan shall identify methods to maintain suitable habitat conditions for the
gopher tortoise and other listed species which exist in the preserve. The plan should include
methods to:l)relocate gopher tortoises into the preserve area;2)provide a schedule for roll-
o-chopping the preserve area to simulate a fire management program; 3)remove exotic
vegetation including Brazilian pepper,Australian pine,melaleuca,and other species that are
determined by Indian River County to threaten the natural communities;and 4)permanently
fence the preserve and allow only limited access for nature appreciation, education, or
scientific study. Permanent fencing should be attractive. The management plan shall be
approved by Indian River County in consultation with Treasure Coast Regional Planning
Council prior to the initiation of site clearing activities or issuance of an Indian River County
land clearing permit for the project.
19. In the event that it is determined that any additional representative of a state or federally
listed plant or animal species is resident on,or otherwise is significantly dependent upon the
project site, the developer shall cease all activities which might negatively affect that
individual population and immediately notify Indian River County and Treasure Coast
Regional Planning Council. Proper protection,to the satisfaction of the Indian River County
and Treasure Coast Regional Planning Council, in consultation with the U.S. Fish and
Wildlife Service and the Florida Game and Fresh Water Fish Commission,shall be provided
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RESOLUTION NO.98- 61
by the developer. These provisions shall be addressed in any land clearing permit(s)issued
by Indian River County for the project.
20. The developer shall preserve and create at least 36.24 acres of mixed hardwood swamp and
7.61 acres of freshwater marsh identified on Map F3,Master Wetland Creation Plan,in the
Application for Development Approval for the Horizon Outlet Center DRI. The mitigation
areas shall be managed according to procedures provided in a Preserve Area Management
Plan for the Horizon Outlet Center DRI. The preserved and created wetlands shall be
protected within a Conservation Easement establishment with the St. Johns River Water
Management District. Said easement shall be properly executed and recorded prior to
issuance of a certificate of occupancy for any future portion of the project beyond
development approved under the PDA.
21. All wetland mitigation shall be completed prior to or simultaneous with the elimination of
existing wetlands on the site. The detailed plans for mitigation shall be approved by the St.
Johns River Water Management District and Indian River County in consultation with
Treasure Coast Regional Planning Council prior to the initiation of the mitigation plan and
prior to the release of any site plan for all or a portion of the project. Reasonable assurance
of financial ability to carry out the commitments in the approved mitigation plan shall be
provided in a method agreed to and approved by Indian River County. Said assurances and
commitments shall be approved by Indian River County planning staff prior to release of any
site plan for all or a portion of the project.
22. The dcveloper shall preserve or create a buffer zone of native upland edge vegetation around
all wetlands preserved,restored,or created on site. The buffer zone shall include canopy,
understory,and ground cover of native upland species. The upland buffers shall be restored
to a natural condition if invaded by exotic vegetation or impacted by agricultural activities.
The upland buffers shall be a minimum width of 15 feet and shall average 25 feet around the
entire wetland. The buffer shall be shown on all appropriate project site plans and shall be
designed to be consistent with the buffer requirements of St.Johns River Water Management
District and Indian River County. During construction, the upland buffers adjacent to
preserved or created wetlands shall be clearly marked prior to the commencement of
construction activities to ensure those areas are protected. These provisions shall be
addressed in any land clearing permit(s)issued by Indian River County for the project.The
upland buffers shall be maintained according to the details provided in a Preserve Area
Management Plan to be approved by Indian River County.
23. Prior to obtaining a certificate of occupancy for any future structure located on any
development parcel, the developer shall remove from that parcel all melaleuca, Brazilian
pepper, Old World climbing fern, Australian pine, and any other nuisance and invasive
exotic vegetation listed by the Florida exotic Pest Plant Council. Removal shall be in a
manner that avoids seed dispersal by any of these species. These provisions shall be
addressed in any land clearing permit(s)issued by Indian River County for the project.There
shall be no planting of these species on site. Methods for the removal of exotic and nuisance
species should be described in the Preserve Area Management Plan. The entire site,
including conservation areas,shall be maintained free of these species in perpetuity.
24. The developer shall design and construct a stormwater management system to retain the
maximum volumes of water consistent with St. Johns River Water Management District
criteria for flood control. Post-development runoff volumes and rates shall not exceed
predevelopment runoff volumes and rates consistent with Water Management District
criteria. The system shall be designed and constructed consistent with the criteria and
requirements of St. Johns River Water Management District and Indian River County.
Required retention volumes may be accommodated in a combination of vegetated swales,
dry retention areas,lakes with vegetated littoral zones,or other suitable detention/retention
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RESOLUTION NO.98-__fi 1
structures. All discharges from the surface water management system shall meet the water
quality standards of Florida Administrative Code Rule 17-3. These provisions shall be
addressed in project site plans.
25. The developer shall design and construct the surface water management system so that
maintenance of normal hydroperiods within preserved wetlands can be guaranteed against
the negative impacts of activities within the project boundaries,and so that the functions and
values provided by these preserve areas will be maintained. Via the site plan project
development review and permitting process,the developer shall submit a plan establishing
wetland control elevations and post-development drainage sub-areas for each wetland to St.
Johns River Water Management District and Indian River County for approval. This plan
may be included in the Preserve Area Management Plan. The plan shall demonstrate how
sufficient quantities of surface runoff from portions of the developed areas will be conveyed
to wetland areas in order to maintain or improve their exiting hydroperiod.
26. All elements of the stormwater management system shall be designed to prevent impacts to
adjacent areas and to the receiving bodies of water. The developer shall prepare plans that
reasonably demonstrate that these waterbodies and adjacent properties will not be negatively
impacted by water quality, water quantity or timing of delivery. These plans shall be
approved by St. Johns Water Management District and Indian River County prior to the
construction of the surface water management system and prior to release of any project site
plan.
— " 27. To improve the quality of stormwater on-site,the streets and paved parking lots within the
commercial areas shall be swept as necessary,but in no case less frequently than once per
week. Sweeping shall be accomplished by vacuum type or vacuum regenerative type
sweepers. Parking stops or bumps which may collect and concentrate contaminants,or
which would interfere with efficient sweeping of paved parking areas,shall not be used
outside the existing phase of the project.
28. During the site plan review process, the developer and Indian River County shall work
together to minimize the amount of impervious surface constructed for the purposes of
automobile parking on the Horizon Outlet Center site. The developer and the County shall
consider the use of pervious parking lot materials where feasible and,in cooperation with the
developer implementing an incremental parking lot construction program that initially
reduces parking space/retail space ratios to a minimum with any increases tied to actual
demonstrated demand.
29. Golf course management shall be addressed within the Preserve Area Management Plan
(reference condition#18) prior to the construction of the golf course on the project site. The
Preserve Area Management Plan shall provide details concerning the application of
fertilizers,herbicides and pesticides on the golf course. The plan shall include methods for
minimizing the impact of chemical runoff associated with golf course maintenance.
30. A vegetated littoral zone shall be established in the lake constructed on site. Prior to the
expansion of the existing lake system,the developer shall prepare a design and management
plan for the wetland/littoral zone that will be developed as part of that system. The plan may
be incorporated into the Preserve Area Management Plan and shall be subject to approval by
the St.Johns River Water Management District,and Indian River County prior to beginning
any excavation activity. Littoral zones shall be constructed concurrent with lake excavation
and final grading. Operational permits for the surface water management system shall not
be issued nor shall a certificate of occupancy for any future portion of the project be issued
until such time as littoral zones have been found to be constructed in conformance with
approved plans.
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RESOLUTION NO.98._U
31. Maintenance and management efforts required to assure the continued viability of preserved
wetland habitats and the proper operation of all components of the surface water
Management system shall be the financial and physical responsibility of the developer. Any
entities subsequently approved by Indian River County to replace the developer shall be
required,at a minimum,to assume the responsibilities outlined above.
32. No building permits shall be issued for any subphase or phase of the Horizon Outlet Center
development outside the existing development and the development approved under the
f PDA,until the developer has provided written confirmation from the St.John's River Water
Management District and the providing utility that adequate capacity of treated potable water
t and serviceldistribution infrastructure will exist by development of that subphase or phase.
33. The preferred source of irrigation water shall be treated wastewater effluent at such time as
this source is made available at the site. Should treated wastewater be unavailable or a
supplemental source of irrigate be needed,existing or created surface water(i.e. lakes or
canals)shall be used to the maximum extent available. Project site plants shall show that the
project's irrigation systems will be designed and installed in a manner that will allow
utilization of reuse water,and connected to reuse water when it becomes available.
34. In order to reduce irrigation water demand,xeriscape landscaping shall be implemented
throughout the project. At a minimum,50 percent of all areas requiring landscaping material
shall be landscaped with native drought-tolerant adapted to soil and climatic conditions
existing on site. Project site plans shall show compliance with this provision.
35. The project shall use water-saving plumbing fixtures and other water conserving devices as
specified in the Water Conservation Act,Section 553.14,Florida Statutes,to reduce water
use in future project development.
36. No additional building permits shall be issued for the Horizon Outlet Center development
until the developer provides evidence from the Indian River County Department of Utility
Services to Indian River County Planning Department that adequate capacity, service
infrastructure,and adequate provisions for the effluent disposal,will be available to collect
and treat and dispose of the wastewater generated by the portion of the development for
which permits are required. This provision shall be addressed via Indian River County's
concurrency management system.
37. Development shall only occur concurrently with the provision of adequate solid waste
disposal services and facilities. Prior to issuing site plan approvals for any phase of
development, the developer shall provide to Indian River County planning staff written
evidence from the Indian River County Waste Management Disposal District that adequate
facilities will be available when needed.
TRANSPORTATION
38. No building permits for Horizon Outlet Center Development of Regional Impact shall be
issued until right-of-way within the project along SR 60 and all intersections thereof,has
been dedicated free and clear of all liens and encumbrances to the Florida Department of
Transportation or Indian River County as necessary and consistent with the Indian River
County Comprehensive plan.
39. As a minimum,the developer shall pay a fair share contribution consistent with the road
impact fee ordinance of Indian River County in effect at the time of issuance of building
permits. Chapter 380, Florida Statutes, also requires that any DRI Development Order
exaction or fee required shall be credited toward an impact fee or exaction imposed by local
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RESOLUTION NO.98. 61
ordinances for the same need. Any exaction receiving credit for impact fees must be in
accordance with agreements between the developer and Indian River County.
40. Once the traffic signals at the east and west intersections of I-95 and SR 60 are warranted,
no building permits for additional development at Horizon Outlet Development of Regional
Impact beyond the existing development and that allowed by the PDA shall be issued until
the installation of traffic signals at the east and west intersection of I-95 with SR 60 have
been let for construction and no certificates of occupancy shall be issued until the installation
of these traffic signals is completed. The developer shall be eligible for appropriate impact
fee credit for any contributions for the signalization.
41. Beginning in 1999,and until such time as a signal is installed at the project entrance on SR
60,the Horizon Outlet Center shall undertake an annual monitoring program for the entrance
of Horizon Outlet Center on SR 60. This monitoring program shall be conducted by a traffic
engineering firm that is qualified by the Florida Department of Transportation in F(3.05),
Traffic Operation Studies,and G(3.06),Traffic Operation Design,or equivalent. Turning
movement counts will be conducted in the peak season period(January 1-March 31),during
the two P.M.peak hours(4:00 to 6:00). The turning movement volumes will be compared
to the volume thresholds for signal warrants I and 2 in the Manual of Uniform Traffic
Control Devices(MUTCD). At such time as the actual P.M.turning movements exceed both
the major street and minor street volume signal warrant criteria, it will constitute an
indication of a possible signal warrant and a complete signal warrant analysis shall be
conducted. The complete signal warrant study"I be completed within four months after
the study that indicated a possible signal warrant. The results of the monitoring program
shall be submitted to the Indian River County Traffic Engineer,the Treasure Coast Regional
Planning Council,and the Florida Department of Transportation. The issuance of building
permits for the project shall cease if signalization is not installed within one year of the date
that:
a. the signal warrant study that concluded the signal was warranted,and
b. the date the necessary FDOT permit or permission for signalization is granted.
42. Beginning in 1999,and until such time as a signal is installed at the project entrance on SR
60,the Horizon Outlet Center shall undertake an annual monitoring program for the east
intersection of 1-95 and SR 60. This monitoring program shall be conducted by a traffic
engineer firm that is qualified by the Florida Department of Transportation in F(3.05),
Traffic Operation Studies,and G(3.06),Traffic Operation Design,or equivalent. Turning
movement counts will be conducted in the peak season period(January 1-March 31),during
the two P.M. peak hours(4:00 to 6:00). An intersection analysis will be performed,using
the latest version of the Highway Capacity Software and the turning movement volumes
collected. At such time that the level of service of the intersection is determined to be below
level of service D,no further building permits shall be issued to Horizon Outlet Center,until
the construction of the second northbound left tum lane is funded and programmed for
construction. The results of the monitoring program shall be submitted to the Indian River
County Traffic Engineer,the Treasure Coast Regional Planning Council,and the Florida
Department of Transportation. The issue of building permits for the project shall cease if the
second northbound left tum lane is not constructed within one year of the date of the
intersection capacity analysis showing a level of service lower than D.
43. No building permits shall be issued after December 31,2002,unless a traffic study has been
updated by the developer,and submitted to and approved by Indian River County,Florida
Department of Transportation and Treasure Coast Regional Planning Council which
demonstrate that the regional roadway network can accommodate the remaining(yet to be
generated)Horizons Outlet Center generated traffic and growth in background traffic beyond
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RESOLUTION N0.98- 61
2002 and still be maintained at Level of Service D during peak-hour/peak-season conditions.
The tntffic Study shall:
& be conducted in 2002,and
b. identify the roadway expansions and timing of these expansions necessary to provide
Level of Service D during peak-hour/peak season conditions for the subject
transportation network during the projected buildout of the project including project
impacts and growth in backgrouind traffic.
Additional building permits shall not be issued until:a)a new project phasing program and
roadway expansion program necessary to maintain acceptable levels of service for the
remainder of the developer has been approved by Indian River County,Florida Department
of Transportation,and Treasure Coast Regional Planning Council;and b)the Development
Order has been amended to reflect the new phasing program and set of additional roadway
expansions.
44. Commencing in 1999 and continuing every year thereafter,the developer shall submit,as
part of its Annual Status Report the status(schedule)of guaranteed improvements. This
Annual Status Report shall be submitted to Indian River County,the Florida Department of
Transportation, Treasure Coast Regional Planning Council, and the Department of
Community Affairs.
The Annual Status Report shall identity those roadway improvements which are needed to
maintain the applicable adopted level of service, the projected date of completion of the
improvement,the party responsible for the guaranteed construction of each improvement,
and the form of the binding commitment that guarantees construction of each improvement.
No further permits for Horizon Outlet Center shall be issued if the Annual Status Report
indicates that an identified road improvement included in the Development Order is no
longer scheduled or guaranteed,or has been delayed in schedule such that it is not guaranteed
to be completed or under construction consistent with the timing criteria established by the
Development Order.
HUMAN RESOURCE IMPACTS
45. The developer shall develop and implement, in coordination with the Sheriffs Office,
comprehensive crime prevention through environmental design(CPTED)and security plan
to help minimize/manage the impact of law enforcement. This plan shall be coordinated
during the architectural design phase of the project(beyond the existing development and
the development approved under the PDA)and approved by the designated Crime Prevention
Practitioner with the Sheriff's Office prior to any additional building permits being issued
for the project.
46. The developer,through mall management,will continue to provide free of all charges the
present location of the Sheriff's Office substation within the Horizon Outlet Center,with
mutually agreed upon improvements and upgrades. Said substation location may be changed
upon mutual agreement between the Sheriffs Office and the developer,with notice of any
said change provided to the county planning division.
47. Mall management will continue to provide semi-annual crime prevention management
training for existing and new tenants in the project;the status of conducting this training will
be reflected in the annual report that management provides to the Indian River Community
Development Department each year.
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RESOLUTION NO.98- 61
48. Prior to issuance of any building permits for the proposed expansion to the existing Horizon
Outlet Center,a secondary emergency access drive will be constructed to provide Indian
River County Emergency Services access to new construction areas and the existing Horizon
Outlet Center. Said drive may be constructed in segments(phases)but such segments shall
provide access to construction areas during construction and shall provide on-going
secondary access to the project. Prior to approval of any project site plan,the developer shall
obtain the approval of the Emergency Services Director and the County Traffic Engineer for
the timing,location,length,and design(e.g.width,construction,surface type)of the drive.
The developer agrees to not object to or obstruct connection of driveways and roadways from
adjacent properties to the project's secondary access driveway(s).
49. In the event of discovery of any archaeological artifacts during project construction,
construction shall stop in the area of discovery and immediate notification provided to Indian
River County and the Division of Historical Resources in the Florida Depau'tment of State.
Proper protection shall be provided to the satisfaction of the Division.
50. The final site and building designs shall comply with the Florida Thermal Efficiency Code
Part VII,Chapter 553,Florida Statutes. To the maximum extent feasible the project shall
also incorporate measures identified in the Treasure Coast Regional Planting Council's
Regional Energy Plan dated May 1979,and the Strategic Regional Policy Plan.
51. The developer shall incorporate each of the 17 energy saving methods outlined in the
ENERGY section discussion of the Treasure Coast Regional Planning Councils Assessment
Report for the Horizon Outlet Center unless it can be demonstrated to the satisfaction of
Indian River County that individually each method is not cost effective.
52. SR 60 CORRIDOR PLAN
The project is subject to the requirements of the SR 60 Corridor Plan and related land
development regulations as adopted by the Indian River County Board of County
Commissioners.
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,FLORIDA,AS FOLLOWS:
1. Any modification or deviations from the approved plans or requirements of this
Development Order shall be submitted to the Community Development Director for a
determination by the Board of County Commissioners of Indian River County and
Department of Community Affairs as to whether the change constitutes a substantial
deviation as provided in section 380.06(19), Florida Statutes. The Board of County
Commissioners of Indian River County shall make its determination of substantial deviation
at a public hearing after notice to the developer.
2. Indian River County shall monitor the development of the project to ensure compliance with
this Development Order. The Indian River County Community Development Director shall
be the local official assigned the responsibility for monitoring the development and enforcing
the terms of the Development Order. The Community Development Director may require
periodic reports of the developer with regard to any item set forth in this Development Order.
3. The developer shall make an annual report as required by Section 380.06(18), Florida
Statutes. The annual report shall be submitted each year on the anniversary date of the
adoption of the Development Order and shall include the following:
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RESOLUTION NO.98-61
L Any changes in the plan of development,or in the representations contained in the
Application for Development Approval,or in the phasing for the repotting year and
for the next year;
b. A summary comparison of development activity proposed and actually conducted for
the year;
C. Undeveloped tracts of land that have 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 site since the Development Order was issued;
C. An assessment,listing the developer's and local government's compliance with each
of the conditions of approval contained in this Development Order and the
commitments specified in the Application for Development Approval and
summarized in the Regional Planning Council Assessment for the development
undertaken; This assessment shall include a list of each Development Order
condition number and a corresponding statement regarding the status of compliance
with that condition.
f. Any request for a substantial deviation determination that was filed in the repotting
year or is anticipated to be filed during the next year;
g. An indication of a change,if any,in local government jurisdiction for any portion of
the development since the Development Order was issued;
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. The annual report shall be transmitted to Indian River County,the Treasure Coast
Regional Planning Council, the Florida Department of Community Affairs, the
Florida Department of Environmental Protection, the South Florida Water
Management District,and such additional parties as may be appropriate or required
by law;
i
j. A copy of any recorded notice of the adoption of a Development Order or the
subsequent modification of an adopted Development Order that was recorded by the
i developer pursuant to Subsection 380.06(15),Florida Statutes;and,
k. Any other information requested by the Board of County Commissioners of Indian
River County or the Indian River Community Development Director to be included
in the annual report.
4. The definitions found in Chapter 380, Florida Statutes,shall apply to this Development
Order.
5. Indian River County hereby agrees that prior to December 31, 2009 the Horizon Outlet
Center Development of Regional Impact shall not be subject to down zoning,unit density
reduction,or intensity reduction,unless the County demonstrates 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 Indian River County to be essential to
the public health,safety,or welfare.
11
RESOLUTION NO.98-_fd
6. This Development Order shall be binding upon the developer and its assignees or successors
in interest. It is understood that any reference herein to any governmental agency shall be
construed to mean any future instrumentality which may be created and designated as
successor in interest to,or which otherwise possesses any of the powers and duties of any
referenced government agency in existence on the effective date of this Development Order.
7. The approval granted by this Development Order is conditional and shall not be construed
to obviate the duty of the developer to comply with all other applicable local, state,and
federal permitting requirements.
8. In the event that any portion or section of this Development Order is deemed to be invalid,
illegal,or unconstitutional by a court of competent jurisdiction,then this development shall
be required to obtain a substantial deviation determination.
9. This Development Order shall become effective upon final approval of the comprehensive
plan amendment associated with the project.
10. Certified copies of this Development Order shall be transmitted immediately by certified
mail to the Department of Community Affairs, the Treasure Coast Regional Planning
Council,and Horizon/Glen Outlet Centers Limited Partnerships.
1998. PASSED AND ADOPTED in a public hearing held on this the 2 day of Jun e
The foregoing resolution was offered by Commissioner Adams who moved its
adoption. The motion was seconded by Commissioner Eggert
,and upon being put to
a vote,the vote was as follows:
Chairman John W.Tippin Aye
Vice Chairman Kenneth R.Macht A y e
Commissioner Fran B.Adams Aye
Commissioner Carolyn K.Eggert Aye
Commissioner Caroline D.Ginn A v e
The Chairman thereupon declared the resolution duly passed and adopted this 2 day of
June , 1998.
BOARD OF COUNTY COMMISSIONERS
OF INPLAN RIVER COUNTY
BY � ' 1
�John W.Tippin, ran
Board of County Commissioners
12
RESOLUTION No.98.6 1
ATTEST
Banos;Clet
State of Florida
County of Indian kiv+e,
I HEREBY CERTIFY that on this day,before me,and officer duly authorized in this State
d County to take acknowledgments, personally appeared JOHN W. TIPPIN, and
OLOC s as DEPUTY CLERK TO JEFFREY K.BARTON,as Chairman of the
Board of County Co nmAsioners 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 as aforesaid this day of
A.D•, 1998.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
T7' Alioa t?.White ,.
� �Notary hbik,Stale orFbrida
-- a Comr&s1on No.CC516M
William O.Collins,II < os" My Commioim Exy.Olti1R000
< 14WIMUlv.}I►WirTurywaCa
Deputy County Attorney S)))Y�1)U))1111)N117A)N»))1Y�1)11NYi!)�))lA
VED AS TO PLANNING MATTERS
dW
Obert M. esti g,Al
Community Development Direct
u1c1s1hoc2.res
13
LEGAL DESCRIPTION
A PARCEL OF LAND LYING AND BEING IN TRACTS 10, 11. 14. 15, 16, SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, AND TRACTS 1, 2, 7. 8, SECTION 10,
TOWNSHIP 33, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY AS
RECORDED IN PLAT BOOK 2. PAGE 25. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA SAID
PARCEL BEING DESCRIBED AS FOLLOWS-
BEGIN AT A POINT WHERE THE EAST UNE OF THE AFORESAID TRACT 11 INTERSECTS WITH THE SOUTH RIGHT-OF-WAY UNE OF FLORIDA STATE ROAD 60; THENCE
RUN N8916'32"W ALONG THE SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60 A DISTANCE OF 375.00 FEET TO THE POINT OF BEGINNING. THENCE FROM THE
POINT OF BEGINNING RUN SOO'36'28"W A DISTANCE OF 200.00 FEET; THENCE RUN N89-16.32"W A DISTANCE OF 283.10 FEET; THENCE RUN S00.36'28'W A J
DISTANCE OF 460.00 FEET; THENCE RUN S8916'32'E A DISTANCE OF 1.530.47 FEET TO INTERSECT WITH THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 95;
THENCE RUN S2552'34'E ALONG THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95 A DISTANCE OF 349.23 FEET; THENCE RUN S16'48'31"E A DISTANCE
OF 441.98 FEET TO A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 5,529.58 FEET THRU A CENTRAL ANGEL OF 18'42'57' AND AN ARC LENGTH OF
1.806.26 FEET; THENCE RUN S0027'58'W A DISTANCE OF 2091.10 FEET; THENCE RUN N89'00'31'W AND LEAVING THE WESTERLY RIGHT-OF-WAY UNE OF
INTERSTATE 95 A DISTANCE OF 1.456.05 FEET; THENCE RUN NOOr35'17'E A DISTANCE OF 2,656.42 FEET; THENCE RUN N88'53'55'W A DISTANCE OF
147.58 FEET; THENCE RUN N88'56'19'W A DISTANCE OF 285.23 FEET; THENCE RUN N0031'46'E A DISTANCE OF 139.73 FEET; THENCE RUN N64'42'28'E
A DISTANCE OF 317.28 FEET. THENCE RUN N00'36'28'E A DISTANCE OF 194.79 FEET; THENCE RUN N8717'44'W A DISTANCE OF 286.07 FEET, THENCE
N0031'46'E A DISTANCE OF 281.43 FEET; THENCE RUN N89'28'14"W A DISTANCE OF 445.45 FEET; THENCE NOO 34'34'E A DISTANCE OF 1,168.98
FEET. THENCE N8916.32-W A DISTANCE OF 441.97 FEET; THENCE RUN N0036.28-E A DISTANCE OF 600.00 FEET TO INTERSECT WITH THE SOUTH RIGHT-
O'-WAY UNE OF STATE ROAD 60; THENCE S8916'32'E ALONG THE SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60 A DISTANCE OF 943.10 FEET TO THE
POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS OF RECORD. SAID PARCEL CONTAINING 182.84± ACRES.
TOGETHER WITH AN ACCESS EASEMENT #30 BEING IN TRACT 11, SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25. PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA AND NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA; BEGIN AT THE INTERSECTION OF THE EAST UNE OF TRACT 11 AND THE
SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60; THENCE RUN N8916'32"W ALONG THE SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60 A DISTANCE OF 375.00
FEET; THENCE LEAVING THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 60 RUN SOO-36.28-W A DISTANCE OF 200.00 FEET; THENCE RUN 58916.32-E
A DISTANCE OF 283.10 FEET TO THE POINT aF BEGINNING; FROM THE POINT OF BEGINNING RUN SOO 3628"W A DISTANCE OF 460.00 FEET; THENCE RUN S89'16'32"E
A DISTANCE OF 100.00 FEET; THENCE RUN NOO 36'28'W A DISTANCE OF 460.00 FEET; THENCE RUN N8916'32"W A DISTANCE OF 100.00 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH AN ACCESS EASEMENT X131 BEING IN TRACT 11, SECTION 3, TOWNSHIP 33 SOUTH. RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2. PAGE 25. PUBLIC RECORDS OF ST. LUCIE
COUNTY. FLORIDA AND NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. BEGIN AT THE INTERSECTION OF THE EAST UNE OF TRACT 11 AND THE
SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60; THENCE RUN N8916'32'W A DISTANCE OF 1,318.10 FEET; THENCE RUN SOO'36'28'W AND LEAVING THE
SOUTH SIT-OF-WAY UNE OF STATE ROAD 60 A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING OF AN ACCESS
EASEMENT CONTINUE S0036'28'W A DISTANCE OF 415.16 FEET; THENCE RUN S8923'32'E A DISTANCE OF 442.19 FEET TO A POINT ON THE BOUNDARY OF
THE AFORE SAID 182.84 ACRE PARCEL; THENCE RUN NOO 34'34'E ALONG SAID PARCEL BOUNDARY FOR A DISTANCE OF 30.00 FEET- RUN
THENCE
N89'23'32'W LEAVING SAID PARCEL BOUNDARY A DISTANCE OF 292.18 FEET TO A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF ENCS FEET THRU A
CENTRAL ANGLE OF 90'00'00" AND AN ARC LENGTH OF 109.96' FEET ; THENCE RUN N00'36'28'E A DISTANCE OF 315.00 FEET TO A POINT ON THE
BOUNDARY OF THE AFORE SAID 182.84 ACRE PARCEL, THENCE RUN N8916'32W ALONG SAID PARCEL BOUNDARY A DISTANCE OF 80.00 FEET TO THE POINT OF
BEGINNING. SAID EASEMENT CONTAINING 1.04* ACRES.
TOGETHER WITH AN ACCESS EASEMENT #32 BEING IN TRACTS 11, 14, SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25. PUBUC RECORDS OF ST.
LUCIE COUNTY, FLORIDA AND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; BEGIN AT THE INTERSECTION OF THE EAST UNE OF TRACT 11 AND
THE SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60; THENCE RUN N8916'32"W A DISTANCE OF 1,318.10 FEET; THENCE RUN S0036'28'W AND LEAVING
THE SOUTH RIGHT-OF-WAY UNE OF STATE ROAD 60 A DISTANCE OF 1075.16 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING OF A 80-FOOT
WIDE ACCESS EASEk"T OF WHICH THE WESTERLY AND SOUTHERLY LINES ARE DESCRIBED AS FOLLOWS; CONTINUE SOO'36'28'W A DISTANCE OF 1511.26 FEET;
THENCE RUN 589'56'19"E A DISTANCE OF 889.14 FEET TO THE ENO. SAID EASEMENT CONTAINING 4.26± ACRES.
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