HomeMy WebLinkAbout1994-067RESOLUTION NO. 94- 67
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
APPROVING A SUBSTANTIAL DEVIATION REQUEST AND
AMENDING THE DEVELOPMENT ORDER (D.O.) APPROVED
BY THE BOARD OF COUNTY COMMISSIONERS FOR THE
GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT
(DRI)
WHEREAS, pursuant to the provisions of Chapter 380 Florida
Statutes, the Board of County Commissioners of Indian River County,
Florida has adopted Resolution 85-128 (adopted October 23, 1985)
establishing the Development Order (D.O.) approving the Grand
Harbor Development of Regional Impact (DRI), and has amended the
adopted Development Order by the adoption of Resolution 86-4
(adopted February 5, 1986), Resolution 86-89 (adopted October 20,
1986), Resolution 86-108 (adopted December 9, 1986), Resolution 87-
147 (adopted December 8, 1987), Resolution 89-80 (adopted August 8,
1989), Resolution 92-68 (adopted May 5, 1992), Resolution 93-88
(adopted May 11, 1993); and
WHEREAS, the project developer (GHA, Grand Harbor Ltd.) has
formally applied for and has agreed to certain changes to the
development approval relating to the addition of ±4.94 acres of
property in the northwest corner of the project site (see Exhibit
"A", legal description), addition of 200 boatslips to the project
marina, and project land use map modifications reflecting these
changes;
WHEREAS, the proposed changes, including the addition of ±4.94
acres to the project, will result in no increase in commercial
building square footage allowed nor allow additional residential
units to be constructed within the overall project site; and
WHEREAS, Resolution 93-88, amending the Development Order for the
Grand Harbor Development of Regional Impact contained a scrivener's
error with respect to the legal description of Parcel IX;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida that:
1. APPLICATION FOR DEVELOPMENT APPROVAL
Grand Harbor Application for Development Approval, Grand
Harbor Transportation Reanalysis, and the conservation
easement affecting the estuarine waterway are incorporated
herein by reference. They are relied upon by the parties in
discharging their statutory duties under Chapter 380, Florida
Statutes, but not to the exclusion of other available
information. Substantial compliance with the representations
contained in these documents is a condition for approval.
For the purpose of this condition, the above documents shall
include the following items:
a. Substantial Deviation Application for Development
Approval dated February 7, 1994;
b. "Grand Harbor Transportation Reanalysis" dated October,
1992, and supplemental data supplied December 14, 1992;
and
C. The conservation easement recorded February 3, 1992, in
OR Book 0922, pages 2192 to 2215, public records of
Indian River County.
1. EFFECTIVENESS OF DEVELOPMENT ORDER
Except as specifically amended herein, all conditions
specified in the Development Order (Resolution Number 85-128)
and subsequent amendments to the Development Order
(Resolutions Numbers 86-4, 86-89, 86-108, 87-147, 89-80, 92-
68, and 93-88) shall remain in full force and effect and shall
apply to and be binding upon the entire 870.97 acre project as
described in Exhibit "B".
3. HABITAT, VEGETATION AND WILDLIFE
a. Condition 16 of Resolution 85-128 is hereby amended to
read:
Any proposal to construct a dry dock facility that would
store, handle or utilize quantities of hazardous
materials for boat repair and maintenance shall
constitute a substantial deviation of the Development
Order.
4. Condition 17 of Resolution 85-128 as subsequently amended by
Resolution 86-108 is hereby amended to read:
Marina development shall be restricted to the existing marina
basin, as shown on the Master Site Plan. The maximum number
os slips to be accommodated shall be a total of three hundred
forty-four (344). All 344 slips shall be restricted to use by
pleasure boats with drafts of six feet or less. An exception
to the pleasure boat restriction may be made to accommodate a
Florida Marine Patrol boat and/or an Indian River County
Sheriff's Department boat or boat of any other law enforcement
agency, or emergency services department boats during an
emergency. Two hundred seventy-two (272) OF THE 344 slips
shall be restricted to use by sailboats at all times
(hurricane conditions excepted). The restrictions shall be
provided for in the form of an agreement which shall be
legally binding on any owner, lessor, lessee, renter or user
of restricted slips. Restricted slips shall be visibly marked
as restricted to sailboats only, it_ order to make monitoring
of compliance with this condition easier.
The development order may be changed so that additional slips
may be released from the above "sailboat only" restriction if
the following occur:
a) an Indian River County Manatee Protection Plan is
approved by the Florida Department of Environmental
Protection, and the Governor and Cabinet; and
b) all marking of waterways and enforcement elements of the
approved Indian River County Manatee Protection Plan have
been implemented; and
c) concurrence has been obtained from the Department of
Environmental Protection Office of Protected Species or
its successor that the change proposed to the development
order would be consistent with the approved Indian River
County Manatee Protection Plan; and
d) concurrence has been obtained from the United States Fish
and Wildlife Service that the change proposed to the
development order is not likely to jeopardize the
continued existence of the West Indian Manatee; and
e) it has been determined by Treasure Coast Regional
Planning Council and the Florida Department of Community
Affairs that the change proposed would not adversely
impact neighboring jurisdictions and is consistent with
5.
6.
all pians and policies in force at the time the proposal
In made.
If all five criteria are met, the development order may be
changed to allow additional slips to be released from the
"sailboat only" restrict to the extent consistent with the
approved Indian River County Manatee Protection Plan. Indian
River County, Treasure Coast Regional Planning Council and the
Florida Department of Community Affairs shall be furnished
with documentation of Department of Environmental Protection
and United States Fish and Wildlife Service favorable review.
In the absence of any one of the five criteria listed above,
any proposal for release of slips from the "sailboat only"
restriction shall be subject to substantial deviation review.
Development of docks in other locations (areas outside the
Marina) or development of boat ramps or dry storage facilities
shall be prohibited other than provision of recreational
access for project residents by non -motorized craft to the
internal estuarine/waterway system. Access shall be limited
to no more than two access points. No anchorage shall be
permitted.
Marina lighting shall be limited to low -intensity, low-level,
downward -directed types of lighting in order to minimize the
intrusion of light into adjacent estuarine areas.
The #4.94 acre parcel described in Exhibit "A", attached, is
hereby added to the project.
7. Resolution No. 93-88 of the Board of County Commissioners of
Indian River County is hereby amended by the correction of the
legal description of Parcel IX as shown on Exhibit "A" to
Resolution No. 93-88, such that the legal description for said
Parcel IX shall be:
All of that portion of the Southwest 1/4 of the Southeast 1/4
of Section 23, Township 32 South, Range 39 East, lying East of
the said right-of-way line of Indian River Boulevard; said
lands lying and being in Indian River County, Florida.
The foregoing resolution was offered by Commissioner
Eggeet and the motion was seconded by Commissioner
follows:
Adams , and, upon being put to a vote, the vote was as
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran Adams Aye
Commissioner Richard N. Bird Nay
Commissioner Carolyn K. Eggert Aye
This Chairman thereupon declared the resolution duly passed and
adopted this 24__ day of Nay , 1994.
3
BOARD OF COUNTY COMMISSIONERS
INDIAN( -1 7 COUNTY, FLORIDA
APPROVED AS,TO FORM AND LEGAL SUFFICIENCY
William G. Collins, Deputy
County Attorney
\u\c\s\ghmdri.res
4
ATTEST
Jef
19y,1
ED
APP ED Ss���
Robert M.
BOARD OF COUNTY COMMISSIONERS
INDIAN( -1 7 COUNTY, FLORIDA
APPROVED AS,TO FORM AND LEGAL SUFFICIENCY
William G. Collins, Deputy
County Attorney
\u\c\s\ghmdri.res
4
Lepl Description
Parcel X
A PARCEL OF LAND LYING WITHIN THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23
TOWNSHIP 32 SOUTH RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTION 23, THENCE S
00'01'24" W ALONG THE QUARTER SECTION LINE A DISTANCE OF 663.34 FEET TO
THE POINT OF BEGINNING; THENCE S 00'01'24" W, A DISTANCE OF 331.67 FEET;
THENCE N 89'49'49" W, A DISTANCE OF 600.59 FEET TO A POINT OF CURVE ON THE
EAST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE ALONG SAID
CURVE TO THE RIGHT HAVING A RADIAL BEARING OF N 70'00'17' E, A RADIUS OF
1,800.00 FEET, A DELTA OF 10'54'57" AND AN ARC LENGTH OF 342.93 FEET; THENCE
S 89'52'12" E, A DISTANCE OF 686.67 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.94 ACRES
The Graed 1la►hor development is lacated ut Sections 13, 14, 23, and 24, Township 33 Soule, Range 39
h..'ast. 77se project's legal description inchisive of the proposed addition is as follows:
\
AND IiARBOR
_ _-
V E R 0 B E A C H
LEGAL DESCRIPTION LOCATOR SHEET
Nai
,QMCI
NORM W70RD ROM
a
Government Lots 1 and 7., Section 13, Township 32
South, Range 39 East, le:;s all of that part of said Government
Lot 1, lying North of the following described line: From the
SW Corner'of said Section 13, run North along the West line of
'Government Lots I and 2 in said Section 13, a distance of
2025.96 feet to the point: of beginning; thence run Bast on a
line parallel to the south line of said Section 13, to the West
:shore of the Indian River for the point ending, all lying and
being in Indian River County, Florida.
AND
PARCt_L II_ The East 1/2 of the SW 1/4 of Section 24, Township
32 South, Range 39 East; said land lying and being in Indian
River County, Florida. AND ALSO, Government Lots 1 and 2 of
Section 24, Township 32. South, Range 39 East said
9 land lying
and being in Indian River County, Florida.
AND
PARCEL III: The SE 1/4 of the NW 1/4 and the Nn 1/4 of the SW
1/4 (lying East of U.S. 1.) and the NW 1/4 of the SW 1/4 (lying
East of U.S. 1), all in Section 23, Township 32 South, Range 39
East, Indian River County, Florida, EXCEPT that certain parcel
conveyed to the Florida Department of Transportation, as
described in Official Records Book 0961, Page 2553, Public
Records of Indian River County, Florida.
AND
PARCEL_ IV: Parcel 1: The West 1/2 of the West 1/2 of -
Section 24, Township 32 South, Range 39 East, Indian River
County, Florida.
Parcel 2.: All of Government: Lot 3, lying North Of Gifford Docl:
Road, of Section 24, Township 32 South, Range 39 East, Indian
River County, Florida, tieing more particularly described in
Official Record Book 500, Page 833, Public Records of Indian
River County, Florida, less and except that the property
conveyed to Indian River County in Official Record Book 772,
Page 2546, Public Records of Indian River County, Florida.
1'.0 col 3: The tJc ;t. 1/2. of t h" Not 1 li 1/2 of the nof't hwo::t
nt the
southeast -1/1 of :;ect-ion 2.3, 'Township 3'J, South, R,u:
I:.ua Indian River- Count -y, 1'lorida.
Parcel 4: The East 1/2 of the southeast 1/4 of Section 23,
Township 32 South, Range 39 Fast, and the East 1/2 of the
northwest 1/4 of the southeast 1/4 Of Section 23, TowrlshiP 32
South, Range 39 East, Indian River County, Florida, less and
except that property conveyed to City of Vero Beach in Official
Record Book 751, Page 1269, Public Records of Indian River
Count. --y Florida.
Parcel 5: The southeast 1/4 of the northeast 1/4 of Section
23, Township 32 South, Range 39 East, Indian River County,
Florida.
Parcel 6: The South 1/2 of the northeast 1/4 of ttte northeast
1/4 of Section 23, Township 32. South, Range 39 East, Indian
River County, Florida.
Parcel 7: The South 1/2 of the northwest 1/4 of the northeast
1/4 of Section 23, Township 32 South, Range 39 East, Indian
River County, Florida.
Parcel B: The southwest 1/4 of the northeast 1/4 of Section
23, Township 32 South, Range 39 East, Indian River County,
Florida.
111,1, OF THE ABOVE FOUR PARCELS LESS AND EXCEPT '1'110SE PAIICELI;
DESCRIBED IN ADDENDA "B -I", "B -II", "B -III", "B -IV", "!i -V",
"IS -VI", "17 -VII", "B -VIII" AND "11 -IX" ATTACHED 11ERE'lX) AND MADE A
PART 11FREOF.
. i
.,i
AND
PARCEL__V1;, Commence at. the Northeast corner of Section 23,
Township 32 South, Rangy 39 East,Indian liiver County, Florida.
Thence Tutt N 89°561I7" W illong the North line of the aforesaid
Section 2.3 a distance of 2062.76 feet to the quarter Section
line; thence run S 00°01124i1 W along the aforesaid quarter
Section line a distance of 995.01 Leet to the point of
beginning of it parcel of land lying in the aforesaid Section :3
Of which is more particularly described as follows: thence
continue S 00°01124" West along the Quarter Section line a
distance of 331.67 feet; thence run N 89°48101" West a distance
of 439.66 feet to intersect with tate [fast right-of-way line of
Indian River Boulevard; thence run Northwest along the G:+:a-
right-of-way line of Indian River Boulevard on a curve to the
right with a chord bearing of N 3l°15, 1311 West having a radius
of 3766.10 feet with a central angle of 00°18'13" and run an
arc distance of 19.95 feet: to a curve to the right havifly a
radius 1800.00 foot with a central angle of 11°07'30" and r+ln
an illc7 if di:;tallco u1 34'+.1,0 feet; thl'nct• leaving I.he• alotr••..Ild
East. I +qht of w.+y 1 inP of Ifill ian 16 Vol Itoulevard run
89°49'4911 inr.l dn!A IllcP o1 600.',') I(.el to Iht• point I I
htginnintl.
AND
pj'-l2Cj'=I VII: A parcel of land lying in part of the Southeast
1/4 of Section 14 and part of the North half of the Northeast
1/4 0£ Section 23, All in Township 32 South, Range 39 East,
Indian River County, Florida; the boundary of said parcel being
more particularly described as follows:
Beginning at a concrete monument marking the Southeast corner
of said Section 14, the same being the Northeast corner of said
Section 23; Thence run S 00"00140" W along the Section line,
47.14 feet; thence N 15°24'02" West, 172.55 feet to a point in
tine Southeast 1/4 of said Section 14; thence N 00°00148" E,
293.84 feet; thence on a curve to the right, having a central
angle of 39.39150" and a radius of 7.00.00 feet, run an arc
distance of 138.45 feet, more or less, to a point on the East
line of said Section 14; thence following the East line of said
Section 14, run S 00°05148" West, 540.64 feet to the Point of
Beginning.
AND
PARCFT, VIII: The West 1/2 of the South 1/2 of the Northwest
1/4 of the Southeast 1/4 of Section 23, Township 32 Soutlt,
Range 39 East, Indian River County, Florida, LESS AND L:XCBP'1•
the following described property:
Commence at a point on a curve in the West right-of-way line
of Indian River Boulevard, said point lying N 89°50'16" W
430.82 feet from the Northeast corner of the Southwest quarter
of the Southeast quarter of Section 23, Township 32 South,
Range 39 East, and run Northerly along a curve to the right,
the radius point of which lies N 67°46' 23" E 4135.04 feet
through a central angle of 2°19138",an arc of 167.95 feet to .1
point of reverse curvature, Then run on a curve to the left
with a radius of 5000 feet and a central angle of 5°13131",
an are distance of 455.99 feet to a point in the East line of
the Southwest quarter of the Northwest quarter of tI,,-•
Southeast quarter of the aforementioned section, and a Point
of Begin-ing. Then run N 0°01115" E 84.73 feet to a point
Then run N 89°431!;7" W 40.87 feet to a point in lh,•
aforementioned curve, the West line of Indian I?iVol
130111 evil 1d 1'hPn run lklut hPr l y on it curve to the t iyht w it 1
radiue. of !,000 feet and ., central ang1P of 1°04150", an ,+1 '
dila ante o1 94.30 1, -Pt to the Point of Beginning. lying ,ori
hein,l in 111di:u+ Iciv,•t c ounl y, Flol id,..
ANI,
PARCEI, IX: Al 1 t h.lt 1•or 1 ion of the neat hwest 1/4 of t If,.
!;oulhe.t::t 1/4 of :.t•ct i, n .• t, Towns))i1) to •It h, Itarnle '19
lyin,l ca!;t. o1 Ih,• „ I i,lht -of -way 1 of Indian 1, iv, I
Boll lev.rd; :aid I,nL• n.l .Ind being Iu 1,11,+11 Pivot c,nnit
Flot id.l.
Legal Description
Parcel X
A PARCEL OF LAND LYING WITHIN THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23
TOWNSHIP 32 SOUTH RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTION 23, THENCE S
00'01'24" W ALONG THE QUARTER SECTION LINE A DISTANCE OF 663.34 FEET TO
THE POINT OF BEGINNING; THENCE S 00'01'24" W, A DISTANCE OF 331.67 FEET;
THENCE N 89'4949" W, A DISTANCE OF 600.59 FEET TO A POINT OF CURVE ON THE
EAST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE ALONG SAID
CURVE TO THE RIGHT HAVING A RADIAL BEARING OF N 70'00'17' E, A RADIUS OF
1,800.00 FEET, A DELTA OF 10'54'57" AND AN ARC LENGTH OF 342.93 FEET; THENCE
S 89'52'12" E, A DISTANCE OF 686.67 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.94 ACRES