HomeMy WebLinkAbout1994-002RESOLUTION N . 4-
RESOLUTION OF THE BOARD OF COUNTY OMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER
(D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR
THE DEVELOPMENT OF REGIONAL IMPACT (D.R.I.) PROJECT
FORMERLY KNOWN AS VILLAGE GREEN WEST & VILLAGE GREEN
SOUTH, NOW KNOWN AS COUNTRYSIDE NORTH & COUNTRYSIDE SOUTH
WHEREAS, pursuant to the provisions of Chapter 380 Florida
statutes, the Board of County Commissioners of Indian River County,
Florida has adopted Resolution 81-59 (adopted August 19, 1981)
establishing the Development Order (D.O.) and approving the
Development of Regional Impact (DRI) for the project formerly known
as Village Green West & Village Green South, now known as
Countryside North and Countryside South; and
WHEREAS, one of the project developers, Sable Trace of vero Beach,
L.P., has formally applied for and has agreed to certain changes to
the development approval relating to the Master Development Plan
and establishing a new build -out date for the overall D.R.I.
project; and
WHEREAS, the proposed changes will result in a decrease in
residential units to be constructed within the overall D.R.I.
project;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
1. The Board of County Commissioners finds that the proposed
changes to the DRI plan, the build -out date, and to the D.O.
do not constitute a substantial deviation pursuant to Chapter
380 of the Florida Statutes.
2. The notification of proposed change application and materials
submitted on behalf of the developer, along with subsequent
and related staff and applicant correspondence are hereby
incorporated by reference into the Application for Development
Approval (ADA) for the project.
3. All conditions and restrictions specified in the project
Development Order (Resolution 81-59), shall remain in full
force and effect.
4. The Master Development Plan as shown in Exhibit 12-2 (Revision
1) attached, is hereby added to the project and approved for
residential and commercial development, subject to paragraph
14 of this resolution.
5. The build -out date for the overall DRI project is hereby
established as December 31, 2005. The termination date for
the overall DRI project is hereby established as December 31,
2010.
6. The annual reporting date, which is the responsibility of all
property owners within the DRI, is August 19th of each year.
Contents of the report are to include those items required in
Florida Administrative Code Rule 9J -2.025(7)(a -j). The annual
report shall be submitted to:
a. Florida Department of Community Affairs
b. Indian River County Board of County Commissioners
C. Treasure Coast Regional Planning Council
d. Florida Department of Environmental Protection
e. St. Johns River Water Management District
RE90LUTIO i . 9 -
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7. The termination date is established as the date until which
local government agrees that the approved DRI shall not be
subject to down -zoning, unit density reduction, or intensity
reduction, unless the local government can demonstrate 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.
8. The present owners of record of the land within the DRI
consist of:
Countryside North:
Ellenburg Capital Corporation
5550 Southwest Macadam Ave., Suite 200
Portland, Oregon 97201
Countryside South:
Mr. & Mrs. James J. & Margaret W. Haegerty and
Mr. & Mrs. J. Harold & Barbara M. Chastain
41 Tidy Island Boulevard
Bradenton, FL 34210
Sabal Trace:
Sable Trace of Vero Beach, L.P.
4452 Powers Road
Atlanta, GA 30327
Southeast Corner:
South Indian River County Fire District
Post Office Box 1028
Vero Beach, FL 32961-1028
Remainder of Southeast Corner:
Indian River Memorial Hospital
1000 36th Street
Vero Beach, FL 32960
9. There will be 1,163 mobile home units and 120 single family
homes for a total of 1,283 residential units which is a
reduction of 165 units from the original 1,448 units approved
for the residential portion of the project.
10. The water treatment area at the northwest corner of Village
Green South (VGS), presently Countryside South (CS) was
eliminated and two lots were added. Water for VGS (CS) is
furnished by Indian River County Utilities Department.
11. The sewage treatment plant to be located at the southwest
corner of VGS (CS) was eliminated and replaced with lots and
a storage area. Sewage from VGN (CN) and VGS (CS) is pumped
to the Indian River County Sewage Treatment Plant.
12. No building permit shall be issued for development within the
overall DRI project after December 31, 2005 unless a traffic
study for the project is conducted by the developer and is
approved by Indian River County, the Florida Department of
Transportation, and the Treasure Coast Regional Planning
Council. The study shall identify the improvements and timing
of those improvements necessary to maintain adopted levels of
service on the impacted transportation network, and shall
propose an improvements program that is acceptable to Indian
River County, Florida Department of Transportation, and the
Treasure Coast Regional Planning Council.
RESO-LU_�T O NO. ' 4- 2��
13. The le al description of the overall DRI project is contained
in Exhibit "A", attached. The legal description of the Sabal
Trace project portion of the overall DRI project is contained
in Exhibit "B", attached.
14. Local government conditions related to the Sabal Trace portion
of the overall DRI project are as follows:
A. Prior to subdivision preliminary plat approval of any
Sabal Trace project phase, the applicant shall apply for
and obtain rezoning of the phase to an appropriate
residential zoning district.
B. In conjunction with the development of the Sabal Trace
subdivision project, the developer shall provide along
the northern and western boundary of the Sabal Trace
project the buffer that is required by the county land
development regulations (LDRs) to be provided between
mobile home development and lower density residential
development.
C. Phase 2 of the Sabal Trace project shall be designed and
constructed to provide a paved roadway connection to 12th
Street or to adjacent property that is directly connected
to 12th Street via a paved roadway.
D. Phase 2 of the Sabal Trace project shall include the
design and construction of a left turn lane and a right
turn deceleration lane at the project's 82nd Avenue
entrance. Said turn lanes shall meet or exceed county
standards. As an alternative to providing the turn
lanes, the applicant may provide to the county at the
time of Sabal Trace phase 2 preliminary plat review an
updated traffic analysis that addresses the need for the
turn lanes. If the updated analysis is acceptable to the
county traffic engineer, and if the analysis demonstrates
that no turn lanes are needed under county traffic LDRs,
then no turn lanes shall be required.
The foregoing resolution was offered by Commissioner
�99prt and the motion was seconded by Commissioner
R;rri , and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin
Vice Chairman Ken Macht
Commissioner Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Aye
Aye
Aye
Aye
Aye
This Chairman thereupon declared the resolution duly passed and
adopted this 4 day of January , 1994.
INDIAN RIVER COUNTY COMMISSIONERS
INDIAIV R COUNTY, FLORIDA
CHA , Jrohn V. -RiT,615ih
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ATTEST:
Jeffrey stont •Cpunt erk
APPROVED AS TO PLANNIk,.-,$k„'T 'i�9':
Robert M. Kea ng, AICP
APPROVED AS TO FO iAND LEGAL SUFFICIENCY:
C/(�(O < L
William G. Collins
Deputy County Attorney
u\c\s\counside.res
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EXHIBIT "A'
North 30 Acres of Park I including 10 Acres of Commercial
Tract 11, Less and Except the East 30 feet thereof of Section
2, Township 33 South, Range 38 East, according to the lest
general plat of lands of Indian River Farms Company filed in
the Office of the Clerk of the Circuit Court of St. Lucie
County, Florida in Plat Book 2, Page 25, said land now lying
and being in Indian River County, Florida, LESS AND EXCEPT
land described in Official Record Book 575, Page 1402, Public
Records of Indian River County, Florida. TOGETHER WITH right -
of -way -in common with other owners of land in Tract 10 and 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
West 30 feet of said Tract 10 and East 30 feet of Tract II of
Section 2, Township 33, Range 38 as above described.
South 120 Acres of Park I
All of Tracts 14, 15 and 16, Section 2. Township 33 South,
,Range 38 East, 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, Florid44- in Plat Book
2, Page 25; said land now lying and being Indian River
County, Florida.
7 1/2 Acre 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 660 feet of the
East 330 feet of Tract 13, Section 2, Township 33 South, Range
39 East, run West a distance of 330 feet along the North
boundary line of said Tract 13; thence run South a distance of
330 feet to a point; thence run east a distance of 330 feet to
a point; thence run North a distance of 330 feet to the Point
of Beginning. Said land lying and being in Indian River
County, Florida.
Park It 160 Acres
Tracts 1 and 2, less the north 30 feet thereof,
Tracts 7 and 8. less the south 60 feet thereof;
Section 11, Township 33 South, Range 38 East, Plat of INDIAN
RIVER FARMS COMPANY, filed in the office of Circuit Court, St.
Lucie County, Florida, Plat Book 2, page 25; consisting of 160
acres, more or less.
EXHIBIT "B" .�►u� tv 9�.3 %
3A13AL TRACE
pkat.e.a I ay.d 2.
That portion of Tracts 1, 2,-7 and 8 in Section 11, Township 33 South,
Range 38 East, of the "Indian River Farms Subdivision", according to
the plat thereof, as recorded in Plat Hook 2 at page 25 of the public
Records of St. Lucie County, Florida, more particularly described as
follows$
Commence at the Southwest corner of said Tract 7 and run N.00012155"W.
along the West line of said Tract 7 for 60.00 feet to the North right
of way line of Rosedale Road (12th St.), to the point of beginning;
thence continue N.00.12155"W., along the West line of said Tract 7 for
1261.94 feet to the Southwest corner of said Tract 2; thence run
N.00.12'04"W., along the West line of said Tract 2, for 331.94 feet;
thence run N.89.33103"E. for 967.13 feet to a point on the arc of a
circular curve to the left, concave easterly, having a radius of
485.00 feet; thence run Southerly along the arc of said curve through
a central angle of 21.31'06" for an arc length of 182.15 feet (chord
bearing of 5.16.22131"E. for 181.06 feet) thence run N.62.51157"E. for
387.74 feet; thence run N.89133103"E. for 662.92 feet; thence run
S.00.12'13"£. for 200.00 feet; thence run N.89.33103"E. for 609.96
feet to the West right of way line of ranch road, said right of way
line being 30.00 feet west of and parallel to the East line of said
Tracts 1 and 8; thence run S.00.12113"E., along the East right of way
line of said Ranch Road, for 573.51 feet; thence run S.89.23159"W. for
1303.00 feet to the West line of said Tract 8; thence run
N.00.12121"W., along the West line of said Tract 6, for 267.19 feet.;
thence run 5.69.23159"W. for 876.64 feet; thence run 5.00.12'28"E. for
1080.61 feet to the North right of way line of said Rosedale Road,
said right of way line being 60.00 feet North of and parallel to the
South line of said Tract 7; thence run S.89.23159"W. along said North
right of way line for 456.37 feet to the point of beginning,
containing 46.55021 acresi, lying and being in Indian River County,
Florida.
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