Loading...
HomeMy WebLinkAbout1981-059• 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 I 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 testimony taken at that hearing; and WHEREAS, this Board has received and considered the report and recommendations 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. 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 I 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 testimony taken at that hearing; and WHEREAS, this Board has received and considered the report and recommendations 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. dye r F •. 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 i; 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 superceded 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 tiuise; (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 2 - facty'shall.be:discharged directly into the drainage canal i • ••c:::-..: rather:tihan 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 Mad 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 - 3 - ::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 State Land Planning Agency, submit the annual report to/the Indian River County Board y 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. fix < 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 all 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, Pagr. 25, said land now lying and being in Indian River County, Florida, LESS AND EXCEPT land described in Official Record (look 515, 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 11, 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 -.'.r West 30 feet of said Tract 10 aril East, 30 feet of Tract 11 of Section 2, Township 33, Range 3)3 as above described. South 120 Acres of Park I ' All of Tracts 14, 15 and 16, 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 Indian River County, Florida. 1 1/2 Acce Perc Pond Site for Park I 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 6GO 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 11 160 Acres Tracts 1 and 2, less the north 30 feet thereof, Tracts 7 and 9, less the south 60 feet thereof, Section 11, Township 33 South, flange 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.