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RESOLUTION 85-128
RESOLUTION ESTABLISHING THE DEVELOPMENT ORDER APPROVING THE
GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT.
FINDINGS OF FACT
WHEREAS, Grand Harbor is a development of regional impact; and
WHEREAS, the subject property is described in the attached
EXHIBIT "A"; and
WHEREAS, it has been determined that the following findings of
fact pertain to the Grand Harbor development of
reginal impact:
(a) The proposed development is not in an area of
critical state concern designation, pursuant to
the provisions of Section 380.06, Florida
Statutes;
(b) The State of Florida has not adopted a Land
Development Plan applicable to the area in which
the proposed development is to be located;
(c) The proposed development is consistent with the
reports and recommendations of the Treasure
Coast Regional Planning Council submitted
pursuant to Section 380.06 (12)(a), Florida
Statutes;
(d) The proposed development is consistent with the
Comprehensive Plan and Development Laws and
Regulations of Indian River County.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a Public
meeting, duly constituted and assembled on the 23rd day of
October, 1985, the Development of Regional Impact Application
for Development Approval submitted by GRAND HARBOR, INC. is
hereby ordered APPROVED, subject to the following conditions,
restrictions, and limitations:
APPLICATION FOR DEVELOPMENT APPROVAL
1. The Grand Harbor Application for Development Approval is
incorporated herein by reference and relied upon 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 is a condition for approval.
For purposes of this condition, the Application for
Development Approval shall include the following items:
a) Application for Development Approval dated October 5,
1985; and
b) Supplemental information submitted February 22, 1985,
May 23, 1985, July 25, 1985 and July 26, 1985.
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RESOLUTION 85-128 (con't)
Subsequent modifications in the project design pursuant to
other Development Order conditions or requirements may
vary from or modify items contained in the Application for
Development Approval.
COMMENCEMENT OF DEVELOPMENT
2. Failure to initiate construction and physical development
within three years from the effective date of the
Development Order, or failure to maintain reasonable
progress toward completion of the development after having
initiated construction in a timely manner, shall
constitute a substantial deviation and the development
shall be subject to further consideration pursuant to
Section 380.06, Florida Statues.
Construction shall be deemed to have initiated and
physical development commenced after placement of
permanent evidence of a structure (other than a mobile
home) on the site, such as the pouring of slabs or work
beyond the stage of excavation or land clearing, which
exhibits a good faith effort to commence and continue the
construction of the project.
TERMINATION DATE
3. This Development Order shall terminate on November 1,
2005.
TRANSFER OF APPROVAL,
4. Notice of transfer of all or a portion of the subject
property shall be filed with the Indian River 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 provision is to
ensure that subsequent property transfers do not
jeopardize the unified control, responsibilities, and
obligations required of the project as a whole.
AIR
5. Clearing of specific building sites shall not commence
until the developer is ready to build the building or
buildings to be located on that site.
6. During land clearing and site preparation, wetting
operations or other soil treatment techniques appropriate
for controlling unconfined emissions, including seeding
and mulching of disturbed areas, shall be undertaken and
implemented by the developer to the satisfaction of the
Florida Department of Environmental Regulation, and in
accordance with Indian River County's Tree Protection
Ordinance.
HISTORIC AND ARCHAEOLOGICAL SITES
7. In the event of discovery of any archaeological artifacts
during project construction, the developer shall stop
construction in that area and immediately notify the
Division of Archives, History and Records Management in
Pagel
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RESOLUTION 85-12.$ (con't)
the Florida Department of State. Proper protection of
such finding, shall be provided by the applicant, to the
satisfaction of the Division.
HABITAT. VEGETATION AND WILDLIFE
8. Prior to County approval of any conceptual PRD plan a plan
detailing the design of the estuarine waterway and basin
system shall be submitted to Indian River County and
Treasure Coast Regional Planning Council for review and
approval. The plan shall be designed to meet the
following performance standards:
a) It shall provide for adequate flushing within the
system;
b) It shall not include proposed marina Basins 3 and 4;
c) It shall be constructed up to a maximum depth of -4
feet mean low water south of marina Basin 2.
d) It may include proposals to excavate or fill any
wetlands designated as exempted wetlands in Exhibit
9 of this report. Excavation or fill proposals in
other wetlands (non-exempt wetlands) shall be limited
to those which are necessary to provide for the
following management objectives:
I restoration of tidal exchange between marsh
habitat and the Indian River Lagoon;
II restoration of mosquito control functions and
public health values;
III restoration of water quality;
IV development of adequate nursery habitat for
fish; and
V provisions for adequate flushing.
e) It shall provide no navigable connections to the
Indian River Lagoon, other than that provided by the
existing access channel. Navigable access shall be
prevented either by construction of bridges or
boardwalks across flushing connections that have
structures that form low, effective barriers to
navigation; the maximum distance between the bottom
of such structures and mean low water levels shall be
24 inches. The maximum width of the connection shall
be the minimum needed to provide an adequate flushing
regime for the estuarine/waterway system.
f) It shall provide for, and detail, all plans for
construction and management of associated wetland
habitats.
g) As a minimum, the estuarine waterway and flushing
channels shall include a fully vegetated littoral
zone. As a minimum, 30 square feet of vegetated
littoral zone shall be established per linear foot of
estuarine waterway shoreline which occurs. The
littoral zone shall consist entirely of native
vegetation.
h) The waterway system south of marina Basin 2 shall be
designed for use by canoes and small non -motorized
boats only. Signs prohibiting entrance of motorized
boats shall be posted.
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RESOLUTION 85-128 (con't)
i) All waterways, basins and the access channel to the
Intracoastal Waterway shall be posted as a Manatee
Area and Idle Speed Zone.
The development plan which includes the vegetative
mitigation plan, must be approved by Indian River County
and Treasure Coast Regional Planning Council in
consultation with U.S. Fish and Wildlife Service, Florida
Game and Fresh Water Fish Commission, Florida Department
of Natural Resources, and the Governor's Technical
Subcommittee on Managed Salt Marshes. No site plan
approval can be considered prior to the fulfillment of
this condition.
9. During construction (including excavation) of the proposed
marina basins, estuary/waterways, or surface water
management system, soils contaminated with DDT or other
restricted agricultural compounds shall be removed and
used as fill for the golf course and/or building pads.
Deposition of contaminated material on the golf course
shall be deposited above the seasonal high water table and
covered with no less than one foot of clean fill or
topsoil.
10. Prior to the issuance of a certificate of occupancy for
any structure, the developer shall construct the proposed
estuarine waterway system. Failure to construct such a
system shall constitute a substantial deviation and the
project shall be subject to further review.
11. Prior too the issuance of a certificate of occupancy for
any structures, the esturarine/waterway system shall be
connected to the Indian River Lagoon. No connection of
the excavated estuarine/waterway system shall be made to
either the lagoon or the existing connected open water
basin (marina 1) until such time as DDT, other restricted
constituents, and standard water quality parameters within
that system have been reduced to levels at or below
background levels of such constituents within the Indian
River Lagoon, and until such time as shorelines have been
stabilized and the littoral zone habitats along the edge
of the wetland areas and estuarine/waterway system have
been planted and work inspected by Treasure Coast Regional
Planning Council and Indian River County. The developer
shall at his own expense, submit tests that show the
estuarine/waterway system to be at or below background
levels of DDT and other restricted constituents. Tests
shall be preformed by an independent laboratory selected
by the developer and approved by the County. The County
Environmental health Department shall monitor the test
results.
12. The developer shall coordinate the timing of his
construction schedule such that immediately prior to the
period when connection of waterways on-site to the
existing basin or to the Indian River Lagoon takes place,
pumping of water to lower the water table on-site shall
cease. No pumping shall take place after the connection
is made.
13) The developer shall provide within one year after issuance
of the Development Order a hazardous waste management plan
to be reviewed and approved by the County in consultation
with the Treasure Coast Regional Planning Council, St.
John's River Water Management District, Department of
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RESOLUTION 85-128 (con't)
Environmental Regulation. The plan shall identify and
quantify the types of hazardous wastes and materials,
methods of storage and containment, and methods of
disposal.
14. Prior to obtaining any building permits for structures,
the developer shall notify the Indian River County
Utilities Department that it is a generator of hazardous
waste.
15. Within one year of the issuance of the Development Order,
the developer shall provide a fuel management spill
contingency plan to be approved by Indian River County in
consultation with St. John's River Management District,
Department of Environmental Regulation and Treasure Coast
Regional Planning Council. The plan shall describe the
methods of fuel storage, personnel training, methods to be
used to dispense fuel, and all the procedures, methods and
materials to be used in the event of a spill.
16. Any proposal to construct a dry dock facility that would
store, handle or utilize quantities of hazardous wastes
and materials for boat repair and maintenance shall.
constitute a substantial deviation of the Development
Order.
17. Marina Development shall be restricted to existing marina
Basin 1 and proposed marina Basin 2, as identified on page
12-20 of the ADA. Marinas 3 and 4 shall not be
constructed. The maximum number of slips to be
accommodated within Basins 1 and 2 shall be a total of 72
at this time. It is recognized that the basis for this
restriction is concern for potential boating impacts upon
the West Indian manatee and negative impacts on wetlands.
The developer is studying methods to address and mitigate
those impacts. Should the developer subsequently
demonstrate reasonable assurance that additional slips
would not have a significant adverse effect upon the
manatee species, or should the marina siting plan approved
by Council identify Grand Harbor as a suitable site for
additional slips of the size and type
proposed in the Grand Harbor ADA, then the developer shall
be presumed to be entitled to construct such additional
slips. However, should additional slips (more than 72) be
proposed for the site, such slips shall be considered a
substantial deviation pursuant to Section 380.06(19), F.S.
and, therefore, shall require a review by the regional
planning council.
Development of docks in other locations (areas outside of
Marinas 1 and 2) or development of boat ramps or dry
storage facilities shall be prohibited other than as
necessary to provide recreational fishing access for
project residents to the internal estuarine/waterway
system. Access shall be limited to no more than two
access points. No anchorage shall be permitted.
18. In an effort to reduce or prevent impacts to the West
Indian Manatee, the following action shall be taken:
a) Manatee public awareness measures shall be
implemented, including, as a minimum, providing
conspicuous space for literature and graphs regarding
Manatees.
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RESOLUTION 85-128 (con't)
19. In the event that it is determined that any representative
of a plant or animal species designated as endangered or
threatened on Federal, State of Florida, or Florida
Committee on Rare and Endangered Plants and Animals lists
is resident on, or otherwise is significantly dependent
upon the Grand Harbor property, the developer shall cease
all activities which might negatively affect that
individual or population and immediately notify both the
Florida Game and Freshwater Fish Commission and the U.S.
Fish and Wildlife Service. Proper protection, to the
satisfaction of both agencies, shall be provided by the
developer.
20. Prior to the issuance of a certificate of occupancy for
any structure, the developer shall provide and maintain a
buffer zone of native upland edge vegetation around the
wetland and estuarine/waterway system which is to be
preserved or constructed on-site in accordance with the
following provisions. The buffer zone may consist of
preserved or planted vegetation but shall include canopy,
understory and ground cover of native species only. The
edge habitat shall begin at the upland limit of any
wetland or deepwater habitat and shall include a total
area of at least 10 square feet per linear foot of wetland
or deepwater habitat perimeter. This upland edge habitat
shall be located such that no less than 50 percent of the
total shoreline is buffered by a minimum width of 10 feet
of upland habitat. This buffer area will constitute
credit in fulfilling the 30 percent native landscape
requirements as described under WATER SUPPLY.
21. During land clearing operations all Melaleuca, Brazilian
pepper and Australian pine which occur on the site of
development shall be removed.
22. Unimpounded wetland habitats shall remain intact. These
areas shall not be disturbed or modified except as is
necessary to allow removal of exotic vegetation to provide
for flushing connections or to accommodate approved
mosquito control activities. Lagoon shorelines which are
disturbed shall be revegetated and stabilized with native
shoreline habitat types, prior to the issuance of a
certificate of occupancy for any structures related to
disturbed shoreline area.
23. Additional dredging within the Indian River Lagoon beyond
that which is defined as maintenance under permits or
authorization contained in the Application for Development
Approval (FDER #31-20-3623 and USACE #78J-0959) shall be
prohibited unless approved by the Florida Department of
Natural Resources.
MOSQUITO CONTROL
24. Prior to any excavation or construction on site, the
developer shall prepare, submit, and receive approval of a
final mosquito impoundment management plan addressing all
wetlands on-site. The plan shall be approved by the
Governor's Technical Subcommittee on Managed Salt Marshes
and the Indian River County Mosquito Control District
prior to beginning any excavation or fill activity.
DRAINAGE
25. The developer shall design and construct the storm water
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RESOLUTION 85-128 (con't)
management system to retain or detain with filtration, as
a minimum, the first one -inch of runoff or the runoff from
a one-hour, three-year storm event, whichever is greater.
Required retention volumes may be accommodated in a
combination of exfiltration trenches, vegetated swales,
dry retention areas, lakes with vegetated littoral zones
or other suitable retention structures. All discharge
from the surface water management lakes shall meet the
water quality standards of Florida Administrative Code
Rule 17-3.
Final drainage plans shall be submitted to the Florida
Department of Environmental Regulation, St. Johns River
Water Management District, Indian River County, and the
Treasure Coast Regional Planning Council. The plans shall
include plan view and cross-sectional drawings (certified
by a professional engineer) of the swale system,
exfiltration trenches, lake systems and outfalls to waters
of the State; calculations of retention capacity in the
swales and exfiltration systems and detention capacities
in the lakes; and all pertinent elevations including
existing seasonal high groundwater elevation, normal water
level, design high water level and control structure
inverts. Clearing of the land shall not begin until the
plans are approved by the appropriate agencies. Direct
discharge of untreated surface water runoff from off-site
sources into the marina basin(s), the estuary/waterway
system or the Indian River Lagoon which would degrade
water quality within these systems shall not be allowed.
The plans shall be approved by the County in conjunction
with any necessary approvals or permits from St. Johns
Water Management District, prior to any land clearing,
excavation, or construction on site.
26. The developer shall establish a vegetated and functional
littoral zone as part of all lakes in the surface water
management system. Prior to any excavation or
construction of lakes and the surface water management
system for any phase of the project, the developer shall
prepare a design and management plan for the
wetland/littoral zone that will be developed as part of
these systems. The plan shall: 1) include typical cross
sections of the surface water management system showing
the average water elevation and the -3 foot contour (i.e.,
below average elevation); 2) specify how vegetation is to
be established within these areas, including the extent,
method, type and timing of any planting to be provided;
and 3) provide a description of any management procedures
to be followed in order to assure the continued viability
and health of the littoral zone. The littoral zone, as
established, shall consist entirely of native vegetation
and shall be maintained permanently as part of the water
management system. As a minimum, 10 square feet of
vegetated littoral zone per linear foot of lake shoreline
shall be established as part of the surface water
management system. The plan shall be subject to approval
by Indian River County, St. Johns River Water Management
District and the Treasure Coast Regional Planning Council
prior to beginning any excavation of lakes or other
portions of the stormwater/.:surface water management
system. The wetland/littoral zone management plan shall
be implemented and work inspected and approved by the
County no later than 18 months after the lakes are
excavated.
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RESOLUTION 85-128 (con't)
27. The annual report shall address the functioning and
maintenance status of the surface/stormwater management
system. If the County determines that the functioning of
the system is impaired by materials washing into the
system, the County may require the developer to institute
a sweeping program for parking areas.
28. The perimeter of the golf course shall be bermed and
swaled to prevent direct runoff from entry into the
surface water management system of lakes, the constructed
marina basins, the estuary/waterway system, or the Indian
River Lagoon.
WATER SUPPLY
29. The primary source of irrigation water for the proposed
golf course shall be wastewater effluent. Limited amounts
of supplemental irrigation water may be derived from the
surface water management system of lakes. The developer
shall be required to construct all necessary piping,
storage, pumping equipment etc. to provide for golf course
irrigation.
30. Water saving plumbing and irrigation fixtures shall be
used to the maximum extent possible throughout the
project.
31. To the maximum extent possible, native vegetation shall be
used to meet landscaping needs. As a minimum, 30 percent
of landscaping, excluding rights-of-way and golf course,
shall be accomplished with native vegetation. As a
minimum, 50 percent of all trees shall be native. Native
species used shall be those adapted to soil and rainfall
conditions occuring on-site.
32. Impact fees are to be paid in full or by assessment
against the property in the amount equal to the number of
approved ERU's (equivalent residential units) to be
constructed. This may be done in phases, equal to the
approved maximum ERU in each phase. Fees or assessments
shall be paid prior to the issuance of building permits
for the structures or facilities to be served.
33. The developer may utilize water from existing County
sources (presently available through the City of Vero
Beach Water System) until a main line from another County
source becomes available or until peak demand reaches
capacity of the existing system, whichever occurs earlier.
34. The developer shall build to County specifications all
internal lines, mains, lift stations, booster pumps, etc.
that are necessary to serve the development.
35. At developer's cost (and subject to refundable advance
arrangements as may be appropriate), the developer shall
connect the project's water system to the County's water
system at a point designated by Indian River County.
36. To the extent that the foregoing Sections 29 through 33
are inconsistent with the County's Utility Master Plan or
County utility ordinances as they may be amended, said
Master Plan and ordinances shall control.
WASTEWATER
37. A temporary wastewater treatment plant will be permitted
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RESOLUTION 85-128 (con't)
but only after impact fees (chargeable in accordance with
Indian River County ordinances then in force) are paid or
payment committed or secured in a manner acceptable to the
County. Said temporary wastewater treatment plant will be
disconnected and removed at such time as service becomes
available from the County's wastewater system and upon
notice from the County.
38. The developer shall make sewer pump -out service available
to all boat slips constructed.
39. Operation of all equipment involved in providing sewage
pumpout shall be limited to trained personnel.
40. Prior to commencement of construction of any structures on
site, the developer shall obtain an agreement with Indian
River County guaranteeing wastewater treatment to this
project, and distribution of treated wastewater effluent
back to the project for dispersal on the golf course. Any
plan to construct a wastewater treatment plant on-site
with a capacity greater than 50,000 gallons per day shall
constitute a substantial deviation and will be subject to
further review by Treasure Coast Regional Planning
Council.
41. The developer shall connect the projecp's wastewater
system to the County's system at the point designated by
Indian River County.
42. The developer shall guarantee effluent disposal for the
total amount of sewage generated by the Grand Harbor
project.
To the extent that the foregoing Sections 37 through 42
are inconsistent with the County's Utility Master Plan or
County utility ordinances as they may be amended, said
Master Plan and ordinances shall control.
DISASTER PREPAREDNESS
43. The developer shall provide adequate public shelter space
to accommodate the needs generated by the development or
provide an equivalent cash contribution for such space, as
may be approved by the County. At a minimum, shelter
space allocated at 40 square feet per person (resident)
shall be provided to accontmodate 19 percent of the Grand
Harbor population at buildout. This space may be
established either on or off-site, provided that it is
located, equipped and stocked with provisions in
accordance with the specifications provided by the
County's Emergency Management Director.
44. No certificates of occupancy shall be issued beyond the
first 300 units until such time as the developer provides
adequate emergency shelter space to accommodate existing
needs generated by this initial construction. All
subsequent residential development shall not be approved
unless adequate shelter is ensured or an equivalent cash
contribution in lieu of such space is approved by the
County. All spaces must be designated and accepted as
adequate by the Indian River County Department of
Emergency Management.
45. Access roads designated to serve the evacuation facilities
shall have a centerline elevation of not less than the
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RESOLUTION 85-128 (con't)
100 -year floodplain elevation.
ENERGY
46. In the final site plans, the developer shall incorporate
those energy conservation measures listed in the ENERGY
Section and, to the extent feasible, all measures
identified in the Treasure Coast Regional Planning
Council's Regional Energy Plan.
TRANSPORTATION
47. The developer shall not receive building permits for the
development of Grand Harbor until a land use plan has been
submitted by the developer and approved by Indian River
County and Treasure Coast Regional Planning Council which
identifies the land uses to be developed in Phase I that
will generate no more than 14,400 total external trips.
The trip generation rates and methodologies agreed to in
the Application for Development Approval shall apply.
48. The developer shall not receive building permits for
development of Grand Harbor which shall generate more than
14,400 external trips until:
a) construction of two lanes of Indian River Boulevard
is complete between 53rd Street and S.R. 60 (The
County may desire to initally construct the proposed
Boulevard extension between S.R. 60 and 53rd Street
as a four lane divided roadway. It is not
anticipated that this expanded four lane facility
will substantially delay providing a two lane service
to the Boulevard Corridor.); or until
b) it can be determined from the traffic study as
identified in condition 50, submitted to and approved
by Indian River County and the Treasure Coast
Regional Planning Council, that sufficient capacity
exists on U.S. #1 to permit additional project
development prior to the construction of Indian River
Boulevard. If additional capacity is available on
U.S. 1, the traffic study will identify when the
construction of Indian River Boulevard as a two-lane
facility will be required, considering both
background traffic growth and the impacts of the
identified amount of additional development in Grand
Harbor, while maintaining Level of Service C during
average annual conditions and Level of Service D during
peak season conditions.
Additional building permits beyond that point identified
in the study shall not be issued until contracts have been
let for the construction of Indian River Boulevard or
until the construction has been completed.
49. The following improvements shall be implemented in
conjunction with the two-lane construction of Indian River
Boulevard:
a) construction of 53rd Street as a two-lane road
between U.S. 1 and Indian River Boulevard;
b) construction and signalization when warranted of the
intersection at U.S. 1/53rd Street to the following
geometrics:
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RESOLUTION 85-126 (con't)
Northbound -
Left -turn lane, two through lanes
Southbound -
Left -turn lane, two through lanes
Eastbound -
Left -turn lane, through/right-turn lane
Westbound -
Left -turn lane, one through lane, right -turn
lane;
c) construction and signalization when warranted of the
intersection at Indian River Boulevard/53rd Street to
the following geometrics:
Northbound -
Left -turn lane, right turn lane
Eastbound -
Right -turn lane, through lane
Westbound -
Left -turn lane, through lane
d) construction of the intersection at Indian River
Boulevard/SR 60 to the following geometrics:
Northbound -
Left -turn lane, two through lanes, right -turn
lane
Southbound -
Left -turn lane, two through lanes, right -turn
lane
Eastbound -
Left -turn lane, through lane, right -turn lane
Westbound -
Dual left -turn lanes, through lane, right -turn
lane; signalization revisions when warranted;
e) construction of 45th Street as a two-lane roadway
from U.S. #1 to Indian River Boulevard;
f) construction of the intersection at U.S. 1/45th
Street to the following geometrics:
Northbound -
Left -turn lane, two through lanes
Southbound -
Left -turn lane, two through lanes
Eastbound -
Left -turn lane, through lane
Westbound -
One left -turn lane, through lane signalization
revisions as required; and
g) Construction and signalization when warranted of the
intersection at Indian River Boulevard/45th Street to
the following geometrics:
Northbound -
Left -turn lane, through lane
Southbound -
Through lane
Eastbound -
Left -turn lane, through lane
Westbound -
Combination left, through, right -turn lane.
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RESOLUTION 85-128 (con't)
50. If building permits which generate a cumulative total of
14,400 external trips have not been issued for the
development of Grand Harbor by December 31, 1989, then a
traffic monitoring study shall be conducted by the
developer during the peak season of 1990 and submitted to
and approved by Indian River County and Treasure Coast
Regional Planning Council by May 1, 1990 that will
identify the adequacy of the transportation system
evaluated in the Application for Development Approval for
Grand Harbor. The monitoring report will address the
following:
a) projected timing for the remaining building permits
and certificates of occupancy for the development
identified by Indian River County and
Treasure Coast Regional Planning Council as approved
in Condition 47; and
b) projected timing of Indian River Boulevard
construction and associated improvements as
identified in Conditions 48 and 49 necessary to
provide Level of Service C during average annual
conditions and Level of Service D during peak season
conditions.
Additional building permits shall not be issued for the
development of Grand Harbor until the identified
improvements have been let for construction or have been
constructed.
51. The developer shall not receive any building permits for
the development of Grand Harbor which shall generate more
than 14,400 total external trips until a land use plan has
been submitted by the developer and approved by Indian
River County and Treasure Coast Regional Planning Council
which identifies the land uses to be developed in Phase II
that will generate not more than 26,400 total external
trips. Trip generation rates and methodologies agreed to
in the Application for Development Approval shall apply.
52. The developer shall not receive building permits for the
development of Grand Harbor which shall generate more than
a cumulative total of 22,100 external trips until:
a) 4.5th Street has been let for construction by a public
agency or has been constructed as a two-lane road
between Indian River Boulevard and the project's
easternmost entrance; and
b) the intersection of Indian River Boulevard/45th
Street has been let for construction by a public
agency to the following geometrics:
Northbound -
Left -turn lane, through lane
Southbound -
Left -turn lane, through lane
Eastbound -
Left -turn lane, through lane
Westbound -
Left -turn lane, through lane
Signalization and/or revisions as necessary.
53. The developer shall not receive building permits for the
development of Grand Harbor which generate more than a
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RESOLUTION 85-128 (con°t)
cumulative total of 26,400 external trips until:
a) Indian River Boulevard has been constructed as a
four -lane median divided road between 53rd Street and
S.R. 60; or until
b) the traffic study as identified in Condition 54, has
been submitted to and approved by Indian River County
and the Treasure Coast Regional Planning Council that
determines that sufficient capacity exists on U.S. 1
to permit additional project development, prior to
the construction of Indian River Boulevard as a
four -lane median divided facility. If additional
capacity is available on U.S 1, the traffic study
will identify when the construction of Indian River
Boulevard as a four -lane median divided facility will
be required considering both background traffic
growth and the impacts of the identified amount of
additional development in Grand Harbor, while
maintaining Level of Service C during average annual
conditions and Level of Service D during peak season
conditions.
Additional building permits beyond that point identified
in the study shall not be issued until Indian River
Boulevard has been let for construction as a four -lane
divided roadway between 53rd Street and S.R. 60 or has
been completed.
54. If building permits have not been issued for the
development of Grand Harbor which generates a cumulative
total of 26,400 external trips by December 31, 1992, then
a traffic monitoring study shall be conducted by the
developer and submitted to and approved by Indian River
County and Treasure Coast Regional Planning Council during
the peak season of 1993 to identify the adequacy of the
transportation system evaluated in the Application for
Development Approval for Grand Harbor. The monitoring
report will address the following:
a) project timing for the remaining building permits and
certificates of occupancy for the development
identified and approved by Indian River County and
the Treasure Coast Regional Planning Council as
approved in Condition 51; and
b) project timing of Indian River Boulevard widening
construction and associated improvements as
identified in Conditions 53 and 55 necessary to
provide Level of Service C during average annual
conditions and Level of Service D during peak season
conditions.
Additional building permits shall not be issued for the
development of Grand harbor until the identified
improvements have been constructed or until contracts have
been let for construction.
55. The following improvements shall be implemented in
conjunction with the four -lane construction of Indian
River Boulevard:
a) construction of 53rd Street as a four -lane road
median divided between U.S. 1 and Indian River
Boulevard;
Page 13
RESOLUTION 85-129 (con't)
b) construction and signalization when warranted of the
intersection at U.S. 1/53rd Street to the following
geometrics:
Northbound -
Left -turn lane, two through lanes
Southbound -
Left -turn lane, two through lanes
Westbound -
Left -turn lane, through lane and right -turn lane
Eastbound -
Left -turn lane and through/right-turn lane; and
C) construction and signalization when warranted of the
intersection at Indian River Boulevard/53rd Street to
the following geometrics:
Northbound -
Dual left -turn lane, right turn lane
Eastbound -
Right -turn lane, through lane
Westbound -
Left -turn lane, through lane.
56. The developer shall construct all project entrance
intersections to the following geometrics or as necessary
to maintain Level of Service C during average annual
conditions and Level of Service D during peak conditions:
a) the intersection of U.S. 1 and Project Entrance:
Northbound -
Right -turn lane, two through lanes
Southbound -
Left -turn lane, two through lanes
Westbound -
Double left -turn lanes, right -turn lane
signalization when warranted;
the developer shall provide yearly funding of all
synchronization, maintenance, and operational costs
associated with the signal;
b) the intersection of Indian River Boulevard and
Shopping Center:
Northbound -
left -turn lane, two through lanes
Southbound -
right -turn lane, two through lanes
Eastbound -
right -turn only lane;
c) the intersection of Indian River Boulevard and
Internal Road:
Northbound -
Left -turn lane, two through lanes, right -turn
lane
Southbound -
Left -turn lane, two through lanes, right -turn
lane
Eastbound -
Left -turn lane, two through lanes, right -turn
lane
Page 14
6
RESOLUTION 85-12& (con't)
Westbound -
Left -turn lane, two through lanes, right -turn
lane;
Signalization when warranted; and
d) the intersection of Indian River Boulevard and Office
Entrance:
Northbound -
Left -turn lane, two through lanes
Southbound -
Right -turn lane, two through lanes
Eastbound -
Right -turn only lane.
57. Beginning May 1st after the first Certificate of Occupancy
has been issued and occuring on that date each year
through buildout of the project the developer shall submit
a traffic monitoring report for approval to Indian River
County and the Treasure Coast Regional Planning Council
identifying the following:
a) current status of the development in terms of
dwelling units and square footage and their
relationship to those thresholds identified in
Conditions 47, 51 and 52;
b) current peak season external project volumes;
c) current peak season level of service at all project
entrances and identification of required improvements
as detailed in Condition 56 to maintain peak season
Level of Service D or better operations and Level of
Service C during average annual conditions; and
d) current implementation status of all external roadway
and intersection improvements as identified in
Conditions 48-56, and 58-61.
58. During the first winter season following the issuance of
the first certificate of occupancy and continuing annually
until project buildout or implementation of the
improvements listed below, the developer shall conduct a
traffic monitoring study of the intersection of U.S. 1 and
49th Street. The monitoring report, submitted for
approval to the Treasure Coast Regional Planning
Council and Indian River County, will identify the
timing of the following geometrics necessary to
maintain Level of Service C during annual average
conditions and Level of Service D during the peak
season conditions.
Northbound -
Left -turn lane, two through lanes
Southbound -
Right -turn lane, two through lanes
Eastbound-
Left/through lane, right -turn lane
Signalization when warranted
Additional building permits shall not be issued if
improvements, as identified in the traffic monitoring
report, have not been let for construction by a public
agency within six months after the improvement has been
identified as being needed.
Page 15
RESOLUTION 85-128 (con't)
59. Beginning the first winter season following the completion
of Indian River Boulevard as a two or four lane facility
between S.R. 60 and at 53rd Street and continuing annually
until project buildout or implementation of the
improvements listed below, a traffic monitoring study of
the intersections of Indian River Boulevard/17th Street
and 17th Street/A-1-A shall be conducted. The monitoring
report, submitted for approval to the Treasure Coast
Regional Planning Council and Indian River County, will
identify the timing of the following geometrics necessary
to maintain Level of Service C during annual average
conditions and Level of Service D during the peak season
conditions.
a) construction of the intersection at Indian River
Boulevard/17th Street to the following geometrics:
Northbound -
Left -turn lane, two through lanes, right -turn
lane
Southbound -
Two left -turn lanes, two through lanes,
right -turn lane
Eastbound -
Left -turn lane, three through lanes, right—turn
lane
Westbound -
Left -turn lane, two through lanes, right -turn
lane
Signalization modifications as necessary; and
b) construction of the intersection at 17th Street/A-1-A
to the following geometrics:
Northbound -
Two left -turn lanes, one through/right-turn lane
Southbound -
Left -turn lane, through lane, right -turn lane
Eastbound -
Two left -turn lanes, through lane, right -turn
lane
Westbound -
Left -turn lane, through lane, right -turn lane
Signalization modifications as necessary
Additional building permits shall not be issued if
improvements, as identified in the traffic monitoring
report, have not been let for construction by a public
agency within six months after the improvements have been
identified as being needed.
60. In the first winter season following 12 months after the
project has generated over 26,400 average external daily
trips, a traffic study shall be conducted, submitted to
and approved by Indian River County and Treasure Coast
Regional Planning Council to determine existing and future
operating conditions of the segment of U.S. 1 between
Royal Palm Boulevard (23rd Street) and 37th Street and the
intersection of U.S.1/Royal Palm Boulevard (23rd Street).
If the Intersection and/or segment of U.S. 1 are operating
below Level of Service D during the peak season and below
level of Service C during average annual conditions or are
projected to operate below Level of Service D and C prior
to or at project buildout, the study shall identify the
following:
Page 16
RESOLUTION 85-128 (con't)
a) operational improvements to improve the level of
service operations of the intersection and U.S. 1
segment;
b) any potential impacts of these operational
improvements on adjacent intersections and roadways;
and
c) improvements necessary to offset the impacts
identified in "b)" above.
Additional building permits shall not be issued if
improvements, as identified in the traffic study, have not
been let for construction by a public agency within six
months after the improvements have been identified as
being needed.
61. No additional building permits shall be issued after
December 31, 1997, unless a traffic study has been
conducted by the developer, submitted to and approved by
Indian River County and the Treasure Coast Regional
Planning Council that demonstrates that the regional
roadway network can accommodate a specified amount of
additional Grand Harbor generated traffic and growth
in background traffic beyond 1997 and still be
maintained at a Level of Service C during average
annual conditions and Level of Service D during peak
season conditions. The traffic study shall:
a) be conducted in the peak season of 1997; and
b) identify the improvements and timing of those
improvements necessary to provide Level of Service C
average annual and Level of Service D peak season
operating conditions for the subject transportation
network during the projected completion of the
project including project impacts and growth in
background traffic.
Additional building permits shall not be issued until a
project phasing program and roadway improvement program
(necessary to maintain Level of Service C average annual
and Level of Service D peak season operating conditions)
have been approved by the Treasure Coast Regional Planning
Council and Indian River County for the remainder of the
development.
62. The developer shall not receive building permits for
development of Grand Harbor which shall generate more than
a cumulative total of 26,400 external daily trips until:
a) the following intersection improvements have been let
for construction;
1. if determined by the County to be warranted, the
construction and signalization of the intersection at
Old Dixie Highway/45th Street to the following
geometrics:
Northbound -
Left -turn
Southbound -
Left -turn
Eastbound -
Left -turn
and through lane
and through lane
and through lane
Page 17
RESOLUTION 85-128 (con't)
Westbound -
Left -turn and through lane;
2. if determined by the County to be warranted, the
signalization of the following intersections if
warranted prior to the buildout of the Grand Harbor
Development:
- Old Dixie Highway/53rd Street
- Old Dixie Highway/49th Street
b) The developer has made a fair share contribution to
fund the construction of 53rd Street between Indian
River Boulevard and the development site.
EDUCATION, POLICE PROTECTION, FIRE PROTECTION, RECREATION
63. Every two years through project sellout, via every other
annual report, the developer shall submit an assessment of
the number of children living within the project who enter
the local school system, and a report on the total
assessed value of the project. This information will
allow the County to monitor the impact of the number of
school age children living within the project, and
determine what amount of funds the development is
contributing towards police and fire protection via ad
valorem taxes. The annual report will also include the
status of the site's private security system.
Any school, police protection, or fire protection or
recreation impact fees that are subsequently adopted by
the County may be applied to the project.
ECONOMY AND FISCAL IMPACT
64. Every two years through project sellout, via every other
annual report, the developer shall submit information
regarding population characteristics of residents; number,
length, and type of temporary and permanent jobs created
through construction, operating and maintenance of the
project; and the assessed value of the total project.
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
1. Any proposed modification or change to the approved plans
or requirements of this Development Order shall be
submitted and considered in accordance with Section 380.06
(17), Fla. Stat., as amended by Ch. 85-55, Laws of
Florida, or as thereafter amended.
2. The County shall monitor the development of the project to
ensure compliance with this Development Order. The
County's Planning Director shall be the local official
assigned the responsibility for monitoring the development
and enforcing the terms of the Development Order. The
Planning 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 Stat-utes. The annual report
shall be submitted each year on the anniversary date of
Page 18
RESOLUTION 85-128 (con't)
the adoption of the Development Order and shall include
the following:
a) Any changes in the plan of development, or in the
representations contained in the Application for
Development Approval (ADA), or in the phasing for the
reporting year and for the next year;
b) A summary comparison of development activity proposed
and actually conducted for the year;
c) Identification of 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 DRI site since the Development Order was
issued;
e) An assessment of the developer's and local
government's compliance with the conditions of
approval contained in this DRI Development Order and
the commitments specified in the Application for
Development Approval and summarized in the Regional
Planning Council Assessment Report for the
development undertaken;
f) Any request for a substantial deviation determination
that was filed in the reporting 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 report shall specifically address the following
items in regards to the entire subject property:
1. square footage of development approved for
construction by land use type;
2. square footage of structures and facilities
under construction by land use type;
3. square footage of structures and facilities
completed by land use type;
4. status of all amenities requiring dredging
and/or filling by amenity type;
5. amount and type of development activity that has
occurred within the non-exempt wetland areas;
6. status of the functioning and maintenance of the
surface/stormwater management system;
7. status of water, wastewater, and irrigation
services and infrastructure;
8. status of the City of Vero Beach 69 KV utility
line proposed to cross the site;
9. status and viability of any planted littoral
zone or upland edge vegetation;
10. the status of any provisions made for emergency
shelter space and accommodations;
11. the number of average daily external trips
generated by completed development and a list of
Page 19
or
RESOLUTION 85-128 (con't)
any traffic improvements completed or under
construction;
12. the number of school age children living within
the project (every other report); and
13. the total assessed value of the project property
(every other year); and
14. status of the project's private security system.
j) The annual report shall be transmitted to the County,
the Treasure Coast Regional Planning Council, the
Florida Department of Community Affairs, the Florida
Department of Natural Resources, and such additional
parties as may be appropriate or required by law.
k) 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
developer pursuant to Subsection 380.06(15), Florida
Statutes; and,
1) Any other information requested by the Board of
County Commissioners or the Planning Director to be
included in the annual report.
4. The definitions found in Chapter 380, Florida Statutes
shall apply to this Development Order.
5. County hereby agrees that subsequent to November 1, 1985
the Grand Harbor 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 local government to
be essential to the public health, safety, or welfare.
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
instrumentally 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,
such decision shall in no manner affect the remaining
portions or sections of this Development Order, which
shall remain in full force and effect.
9. This Development Order shall become effective 10-23-85
10. Certified copies of this Development Order shall be
transmitted immediately by certified mail to the Bureau of
Land and Water Management, the Treasure Coast Regional
Planning Council and Grand Harbor, Inc.
Page 20
RESOLUTION 85-128 (con't)
PASSED AND ADOPTED i a public hearing held on this the
23rd day of ct b e r , 1985.
eacricx n.- Lyons, airman
Board of County o issioners
)� ATTEST:
unty ClerkFAA Y.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Char es P. V tunac, County Attorney
Page 21
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EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
BEING PARCELS OF LAND LYING IN SECTION 13, 23 AND 24, TOWNSHIP 32
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID PARCELS
BEING MORE PARTICULARLY DELINEATED AND DESCRIBED IN THE SECTIONS
AS FOLLOWS:
SECTION 13:
GOVERNMENT LOTS 1 AND 2, LESS AND EXCEPTING THE FOLLOWING
DESCRIBED PARCEL:
ALL THAT PART OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, LYING NORTH OF THE FOLLOWING DESCRIBED LINE: FROM
TIIE SOUTHWEST CORNER OF SAID SECTION 13, RUN NORTH ALONG THE WEST
LINE OF GOVERNMENT LOTS 1 AND 2 IN SAID SECTION 13 A DISTANCE OF
2,025.96 FEET TO THE POINT OF BEGINNING; THENCE RUN EAST, ON A
LINE PARALLEL TO THE SOUTH LINE OF SAID SECTION 13, TO THE WEST
SHORE OF THE INDIAN RIVER FOR THE POINT OF ENDING.
TOGETHER WITH AN EASEMENT FOR MAINTENANCE PURPOSES, INGRESS AND
EGRESS ON, OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL:
THE NORTH 15 FEET OF THE SOUTH 2,025.96 FEET OF SECTION 13 SOUTH,
RANGE 39 EAST, LESS AND EXCEPTING THE WEST 200 FEET THEREOF; SAID
EASEMENT LYING AND BEING IN GOVERNMENT LOT I OF SAID SECTION 13.
CONTAINING 54.5 ACRES, MORE OR LESS.
SECTION 23:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER (LYING EAST OF U.S. 41) AND THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (LYING EAST OF U.S.
W. CONTAINING 71.858 ACRES, MORE OR LESS.
THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 23.
THE EAST HALF OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23.
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23.
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 23.
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 23.
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23.
CONTAINING 232.996 ACRES, MORE OR LESS.
SECTION 24:
THE WEST HALF OF THE WEST HALF OF SECTION 24.
ALL OF GOVERNMENT LOT 3 LYING NORTH OF GIFFORD DOCK ROAD AS
DESCRIBED IN OFFICIAL RECORD BOOK 500, PAGE 833.
CONTAINING 176.996 ACRES, MORE OR LESS.
GOVERNMENT LOTS 1 AND 2 AND THE EAST HALF OF THE SOUTHWEST
QUARTER; ALL IN SECTION 24, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 139.036 ACRES, MORE OR LESS.
TOTAL ACREAGE MORE OR LESS: 675.386