Loading...
HomeMy WebLinkAbout01/30/2018j�V ER ORi� i COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Bob Solari, Vice Chairman, District 5 Susan Adams, District 1 Joseph E. Flescher, District 2 Tim Zorc, District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 30, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Special Call Meeting 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.11. INVOCATION Commissioner Susan Adams 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. DEPARTMENTAL MATTERS A. Public Works 4.A.1 Consideration of Substantial Progress on 17th Street SW and 27th Avenue Intersection Attachments: Staff Report Letter to SLV Millstone LLC. dated December 13, 2018 First Amendment to the SLV Millstone LLC. Millstone Landings Developers Agreement January 30, 2018 Page 1 of 2 4.A.2 Status Report on 23rd Street SW Construction (Millstone Landing) Attachments: Staff Report Second Amendment to the SLV Millstone, LLC Millstone Landings Developers Agreement 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6.00 a. m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m January 30, 2018 Page 2 of 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Consideration of Substantial Progress on 17th Street SW and 27th Avenue Intersection DATE: January 27, 2018 DESCRIPTION AND CONDITIONS On December 13, 2017 the Developer, SLV Millstone, LLC, was notified that they were not making satisfactory progress with construction of the improvements on 17th Street SW and 27th Avenue and would will not be complete by December 31, 2017. The First Amendment to the Millstone Landing Planned Development Developers Agreement requires that the project be complete by December 31, 2017 or the County would cease issuing certificates of occupancy and building permits for the Millstone Landing Subdivision. On January 1, 2018, Indian River County suspended the issuance of Certificates of Occupancy and building permits for all residential construction within the Millstone Landing Subdivision. On January 9, 2018, the Board considered a proposal that would allow for the issuance of Certificates of Occupancy only through February 28, 2018 while the Developer worked to complete the necessary work. After discussion on the item, the Board directed the Public Works Director to monitor the work and report back to the Chairman on or before January 26, 2018 if the project had made substantial progress by this date. On January 25, 2018 a meeting was held in the County Administrator's Office with representatives of SLV Millstone, LLC, their attorneys, the County Administrator, the Deputy County Attorney, and the Public Works Director. At this meeting, the County was presented with a Status Report of the project from the view of SLV Millstone LLC and their attorneys. The document provided a time frame of 65 days to complete the project after FP&L has removed the poles. At the meeting, the progress over the last 17 -days was discussed. While SLV Millstone LLC. representatives believed that the contractor had made substantial progress on the project. There is additional work that could have been completed during this time frame such as shoulder work on 27th Avenue, grading of the drainage system, 2,700 feet of sidewalk, and completion of the paved shoulder on the east side of 27th Avenue. It should be noted that every construction project and the approach to that particular project differs from contractor to contractor and is driven by the contract between the Developer and the contractor. On January 26, 2018 at approximately 3:00 pm, the County Administrator and the Public Works Director met with the Chairman on site to discuss the progress of the project and whether a Special Call meeting was needed, per Board direction on January 9th. The discussion centered on the significant, although not substantial, progress that had been made since January 9, 2018. However, due to the progress that was made, it was determined that a Special Call Meeting for January 30, 2018 was justified. Page 2 Consideration of Substantial Progress on 17'h Street SW and 27`h Avenue Intersection January 30, 2018 Special Call Meeting FUNDING No funding is necessary for this item. RECOMMENDATION Based on the meeting between SLV Millstone, LLC and County Staff on January 25, 2018, the Status Report provided by SLV Millstone, LLC at the January 25, 2018 meeting, and progress made on the project as observed on January 26, 2018, Staff recommends the following to the Board for consideration: • The Board reinstate the issuance of Certificates of Occupancy for residential units within the Millstone Landing Subdivision. • The Board continue the suspension. of building permit issuance as well as the acceptance of new building permit applications within the Millstone Landing Subdivision until the construction of the 17th Street SW and 27th Avenue project reaches substantial completion as determined by the Public Works Director. • The Board reserves the right to cease the issuance of Certificates of Occupancy for future residential units within the Millstone Landing Subdivision if the Developer does not continue to make significant progress on the project. • The Board stipulates that the Developer will have 60 -days from January 30, 2018 (March 31, 2018) to complete the project. If the project is not complete by this time, the Board authorizes the Public Works Director and Community Development Director to cease issuing Certificates of Occupancy. ATTACHMENTS Letter to SLV Millstone, LLC., dated December 13, 2018 First Amendment to the SLV Millstone, LLC. Millstone Landings Developers Agreement DISTRIBUTION SLV Millstone, LLC. APPROVED AGENDA ITEM FOR SPECIAL CALL MEETING JANUARY 30, 2018 C:\Users\droy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EKXE60HB\Millstone Substantial Progress - Special Call Meeting 012718 v3.doc.docx December 13, 2017 I Board of County Commissioners Public Works Department 180127th Street, Building A Vero Beach, Florida 32960-3388 John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Telephone: (772) 567-8000 FAX: (772) 778-9391 Re: First Amendment - Millstone Landing Developers Agreement Completion of 17th Street SW Improvements John, Based on my site visit on December 12, 2017 the Developer is not making satisfactory progress with construction of the project and the improvements to 17th Street SW will not be complete by December 31, 2017. Based on this observation and as a condition for completion of the project outlined in the First Amendment to the Millstone Landing Developers Agreement, the County will cease issuing certificates of occupancy and building permits for Millstone Landing on December 31, 2017. This will remain in effect until such time as the obligation for completing the improvements to 17th Street SW is met. Please contact me to discuss further via email rszQyrkircgov.com or 772-226-1234. Sincerely, Richard B. Szpyrka, P.E. Public Works Director cc: Jason E. Brown, County Administrator Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Stan Boling, Community Development Director John McCoy, Chief of Current Development Scott McAdams, County Building Official FIRST AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC FOR MILLSTONE LANDING PLANNED DEVELOPMENT THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT, (First Amendment) entered this 4th day of October, 2016, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and SLV MILLSTONE, LLC a Delaware Limited Liability Company, the address of which is 6310 Capital Drive, Suite 130, Bradenton, Florida 34202, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the Indian River Board of County Commissioners during a public hearing, granted their approval to the Conceptual Planned Development Plan known as "Millstone Landing" on October °19, 2004; and WHEREAS, the previous developer, Shelby Homes at Millstone, Inc., (Shelby Homes). entered into a Developer's Agreement with the COUNTY dated July 12, 2005 (Original Agreement) that called for on site, off site, and site related improvements; and WHEREAS, the Original Agreement is binding on any successor developer; and WHEREAS-, DEVELOPER has purchased undeveloped platted lots north of 21st Street SW and all of the remaining project acreage in Millstone Landing located south of 21st Street SW; and WHEREAS, the Parties desire to amend the Original Agreement to clarify timing of their respective responsibilities with respect to roadway and drainage improvements to 17th Street SW. NOW; THEREFORE, in consideration. of the mutual terms, conditions, promises, covenants; and premises hereinafter, and other good and valuable consideration, the receipt. and sufficiency of which is hereby acknowledged, the COUNTY and DEVELOPER agree to amend the Original Agreement as follows: 1. Recitals: The foregoing recitals are hereby incorporated as if fully restated herein 2. Paragraph 7 of the Original Agreement is .amended as follows: 7. 17th Street SW: County acknowledges that Developer is not required to dedicate right- of-way for 17th Street SW roadway improvements along the frontage of the project.. li �TCYtaI7L:e-tGrtYltaZ.c701�1V'ol�T G east property includ . ing a!! turn lame in4pFevernents required by the Millstone Landii:ig Fight tum laRe, a northbeuRd left -tum lane, and eastbound left tuFn lane and a. seuthbo left tum lane Shall be GOnStFUGted at the inter-se6tiGn 1 tiv YVtltt- 7-t4 9tFe_.otr�C= -SW TC}Y�A� The County has obtained substantial amounts of right-of-way on the north side of 17th Street SW. Prior to the issuance of the Project's 270th Certificate of Occupancy, the DEVELOPER shall design, and obtain the associated permits, (including COUNTY Right -of -Way permit) for the improvements to 17th Street SW as a two lane roadway from the east property line of the school site to 27th Avenue including the following turn lane improvements at the intersection of 17th Street SW and 27th Avenue: • Southbound right tum lane • Southbound left turn lane • Northbound left turn lane • Eastbound left turn lane The DEVELOPER shall be responsible for the design, permitting of a modified span wire traffic signal system and associated improvements at the intersection of 17th Street SW and 27th Avenue to accommodate the required lanes and turning movements. Priorto the issuance of the Project's 3$8t" Certificate of Occupancy or December 31, 2017, whichever occurs first, the DEVELOPER shall complete the roadway and intersection construction in a manner approved by the Public Works Director for acceptance by the COUNTY. In the event the County has not obtained sufficient right-of-way for the DEVELOPER to complete the 17th Street SW Improvements, then DEVELOPER shall pay to the COUNTY the cost to complete the 17th Street SUV Improvements and the DEVELOPER shall have no further obligations with respect to such improvements.. If a certificate of occupancy milestone or timing obligation is missed by the DEVELOPER, the COUNTY shall cease issuing certificates of occupancy and building permits to DEVELOPER until such time the milestone or timing obligation is met, unless the Public Works Director determines the DEVELOPER is making satisfactory progress with construction. [The remainder of this page is intentionally left blank] IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. SLV MILLSTONE, LLC BOARD OF COUNTY COMM r.> INDIAN RIVER COUNTY. FL+ BY: its WITNESS: WITNESS: WV/0 &&Vzz, (Corporate seal U acceptable in place of witnesses) ATTEST: Jeffrey R. Smith Clerk of the Circuit Court and Comptroller BY: ee:j::puty.�DClerk Approved: Jason S'. Broi m. County Administrator Approved as to form and I al su i lency: William K, DeBraal Deputy County Attorney BY: Bob Solari, Chairman BCC Approved: octoher 4. 2016 I q-� 9"' INDIAN RIVER COUNTY, FLORIDA DEPARTMENTAL MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Status Report on 23`d Street SW Construction (Millstone Landing) DATE: January 28, 2018 DESCRIPTION AND CONDITIONS On December 5, 2017 the Board of County Commissioners approved the Second Amendment to the Developers Agreement between the Developer, SLV Millstone, LLC and the County. The approved amendment deferred the improvements of 23`d Street SW to either July 1, 2018 or the issuance of the 450th Certificate of Occupancy for Millstone Landing. The improvements are defined in the attached Second Amendment. On January 26, 2018 the County Administrator and the Public Works Director met with the Chairman on site to discuss the progress of the improvements to 23`d Street SW and to discuss the improvements required per the Second Amendment of the Developers Agreement. There was no visible construction activity on 23`d Street SW as the site of the proposed roadway has not been cleared. The status of construction on 23`d Street SW is as follows. The County right-of-way permit was issued on April 22, 2017. There has been no activity on the project since the issuance of the permit. As stated above, the project must be complete by July 1, 2018 or the issuance of the 450th Certificate of Occupancy, whichever occurs first. Staff estimates that construction of the 23`d Street SW improvements will take 90 to 120 days to complete. If the project is not started by March 1, 2018 it is possible that the project will not be complete and the same situation that we are experiencing with regards to withholding Certificates of Occupancy and building permit issuance may again be necessary. FUNDING No funding is necessary for this item. RECOMMENDATION This is an informational item and therefore no recommendation from staff. ATTACHMENTS Second Amendment to the SLV Millstone, LLC Millstone Landings Developers Agreement DISTRIBUTION SLV Millstone, LLC APPROVED AGENDA ITEM FOR SPECIAL CALL MEETING JANUARY 30, 2018 ra6C L Consideration of Substantial Progress on 17`h Street SW and 27`h Avenue Intersection January 30, 2018 Special Call Meeting C:\Users\droy\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OutlOok\EKXE6OHB\Millstone Landing Second Amendment - 23rd Street SW Status Report - Special Call Meeting 012818 v3.doc.docx SECOND AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC FOR MILLSTONE LANDING PLANNED DEVELOPMENT THIS SECOND AMENDMENT TO DEVELOPER'S AGREEMENT, (Second Amendment) entered this 5th day of December 2017, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 11301 27th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and SLV MILLSTONE, LLC, a Delaware Limited Llability Company, the address of which is 6310 Capital Drive, Suite 130, Bradenton, Florida 34202, hereafter referred Was the DEVELOPER. WITNESSETH WHEREAS, the Indian River Board of County Commissioners, during a public hearing, granted Its approval to the Conceptual Planned Development Plan known as "Millstone Landing" on October 19, 2004; and WHEREAS, the previous developer, Shelby Homes at Millstone, Inc., (Shelby Homes) entered Into a Developer's Agreement with the COUNTY dated July 12, 2005 (Original Agreement) that called for on site, offsite, and site related improvements; and WHEREAS, the Original Agreement is binding on any successor developer; and WHEREAS, DEVELOPER purchased undeveloped platted lots north of 21st Street SW and all of the remaining project acreage In Millstone Landing located south of 21st Street SW; and WHEREAS, DEVELOPER and COUNTY amended the Original Agreement on October 4, 2016; and WHEREAS, the Parties desire to further amend the Original Agreement as stated below; NOW, THEREFORE, In consideration of the mutual terms, conditions, promises, covenants, and premises hereinafter, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the COUNTY and DEVELOPER agree to amend the Original Agreement as follows; 1. Recitals; The foregoing recitals are hereby incorporated as if fully restated herein. 2. Paragraph 5 of the Original Agreement is hereby deleted and replaced with the following: (words underlined are added): 5 231d Street SK Prior to the issuance of the Prolect's 4504 Certificate of broaress with construction. 3. Except as modified herein, the Original Agreement, as previously amended, remains In full force and effect. IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. SLV MILLSTONE, LLQ - BY: 1411=1 alviv=1 Its MuLflurl WITNES . `--� WITNESS: (Corporate seal 10 acceptable In place of witnesses) ATTEST: Jeffrey R. Smith Clerk of the Circuit Court and Comptroller BY: BOARD OF COUNTY COMMISSIONERS INDI IVER COUNTY, FLORIDA BY: �--� Peter D. O'Sryan, Chairman BCC Approved: December 5, 2017 Approved as to form and legal sufficiency: William K. De raa Deputy County Attorney