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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 - /�-em. f-3i� 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 ,u i,titii�u f tr Y'I O. NOr.44 4 w , . 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 L- 4 U 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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