HomeMy WebLinkAbout1994-137RESOLUTION NO. 94- 137
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER
(D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR
THE INDIAN RIVER MALL DEVELOPMENT OF REGIONAL IMPACT
(D.R.I.)
WHEREAS, on July 19, 1994 pursuant to Chapter 380 Florida
Statutes, of Indian River County adopted Resolution No. 94-93
approving the Indian River Mall D.R.I.; and
WHEREAS, on September 2, 1994 the Department of Community
Affairs (DCA) filed a Notice of Appeal to the State of Florida Land
and Water Adjudicatory Commission to appeal the Indian River Mall
D.O.; and
WHEREAS, to fully resolve DCA's concerns the following D.O.
amendments are proposed and are approved so that DCA will file a
voluntary dismissal with prejudice of the D.O. appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that the D.O. as contained in
Resolution No. 94-93 be amended as follows:
1. That the fourth "WHEREAS" clause on page 1 of the D.O. be
amended to read as follows:
"WHEREAS, said Applicant proposes to construct 1,517,174
square feet, gross floor area, of retail development (945,364
square feet of regional mall, 404,979 of community shopping center,
and 166,831 square feet of outparcel or peripheral retail) and a
maximum of 7,685 parking spaces, constituting a Development of
Regional Impact on the real property legally described in Exhibit
"A" attached hereto and located in Indian River County, Florida;
and"
2. That condition 2 of D.O be amended to read as follows:
"Commencement and Progress of Development
2.(a). The developer ® shall commence
significant physical development within QMWtwo years
from the effective date of the Development Order, unless
such timeframe is modified by the Board of County
Commissioners. as Dart of a development agreement, to
the Development Order. In the event the ueveioper =ails
to meet the deadline, development approval shall
terminate and the development shall be subject to further
development -of -regional -impact review by the Treasure
Coast Regional Planning Council, Department of Community
Affairs, and Indian River County pursuant to Section
380.06, Florida Statutes. For the purposes of this
paragraph, construction shall be deemed to have been
initiated after placement of permanent evidence of a
structure (other than a mobile home) on a site, such as
Coding: Words in ® type are deletions from the existing
D.O. Words underlined, except for headings, are additions.
1
RESOLUTION NO. 94-137
the pouring of slabs or footings or any work beyond the
stage of excavation or land clearing.
developer shall submit to the county planning division a
complete site plan application for the construction of at
least three hundred twenty thousand (320,000) square feet
of regional commercial facility (single, enclosed mall
building) unless such timeframe is modified by the Board
of Countv Commissioners. as cart of a development
the effective date of the Development Order. In the
event the developer fails to meet this deadline,
development approval shall terminate and the development
shall be subject to further development -of -regional -
impact review by the Treasure Coast Regional Planning
Council, Department of Community Affairs, and Indian
River County pursuant to Section 380.06, Florida
Statutes.
2.(c). No site plan(s) shall be released and no building permit
shall be issued for the development of the commercial
outparcels or community shopping center (as referenced in
the ADA) until the developer completes (as determined by
the county building department) at least fifty percent
(508) of the structural foundation elements (at, above,
and below grade) necessary for the construction of at
least three hundred twenty thousand (320,000) square feet
of regional mall, gross floor area.
2.(d). In the event the developer fails to commence significant
physical development of at least three hundred twenty
thousand (320,000) square feet of regional mall gross
floor are ,within the
shall be subject to further development -of -regional -
impact review by the Treasure Coast Regional Planning
Council and Indian River County pursuant to Section
380.06, Florida Statutes. The developer shall notify in
writing the Treasure Coast Regional Planning Council and
Indian River County of the date significant physical
development has commenced, and shall specifically
identify by reference to an approved site plan the
building(s) and area(s) within the initial mall
construction phase. For the purpose of this paragraph,
significant physical development shall be deemed to have
commenced after placement of permanent evidence of a
structure (other than a mobile home) on the subject
site(s), such as the pouring of slabs or footings or any
permanent work beyond the sage of excavation, land
clearing, or earthwork.
Coding: Words in ® type are deletions from the existing
D.O. Words underlined, except for headings, are additions.
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RESOLUTION NO. 94-_ 37
2.10ILe.)
The developer shall complete (as determined by the county
building department) all structural foundation elements
(at, above, or below grade) for at least three hundred
twenty thousand (320,000) square feet of regional
commercial facility (mall) gross building area, within
two hundred ten (210) days of the commencement date as
noticed by the developer to the Treasure Coast Regional
Planning Council and Indian River County (reference
2.(d)., above) for the building(s) and area(s)
specifically identified by the developer as the initial
mall construction phase. In the event the developer
fails to complete construction within the prescribed
deadlines, then, after at least 10 calendar days notice
to the developer, the County may, upon hearing, revoke
the mall site plan approval.
2.®(f.)
2.®(g.)
The developer shall complete "shell" construction of the
initial mall construction phase within twenty-four (24)
months from the commencement date as noticed by the
developer to the Treasure Coast Regional Planning Council
and Indian River County (reference 2.(d)., above) for the
area(s) specifically identified by the developer as the
initial mall construction phase. In the event the
developer fails to complete construction within the
prescribed deadlines, then, after at least 10 calendar
days notice to the developer, the County may, upon
hearing, revoke the mall site plan approval. For
purposes of this paragraph, "complete shell construction"
is defined as completion of the building foundation,
roofing, and exterior walls as depicted within the
approved building permit plans, as verified by the county
building department upon inspection of the building site.
With respect to paragraphs 2.®(e). and 2.®(f).
above, the following shall apply. In the event that the
developer shall be delayed or hindered in or prevented
from the performance of any act or requirement under
conditions 2.®(e). and 2.(f). of this Development
Order by reasons of strikes, lockouts or labor troubles;
inability to procure construction materials due to
general shortage, government rationing or regulation of
labor, materials, equipment, facilities or sources of
energy (including, without limitation, electricity, oil
or gas); failure of power or transportation; riots, mob
violence, sabotage, malicious mischief, insurrection or
war; Acts of God, fire, earthquake, flood, hurricane,
explosion or other casualty or other reasons of a similar
nature beyond the reasonable control of the developer in
performing work or doing acts specified under the terms
of conditions 2.®(e). and 2.®(f). of this
Development Order, then, and in each such event
performance of such work or act shall be excused for the
period of the delay (including the duration of both the
actual delay and any consequential delays resulting
therefrom) and an period set forth in conditions
2.®(e). and 2. (f). of this Development Order in
performance of any such work or act shall be extended for
a period equivalent to the period of such delay
Coding: Words in ® type are deletions from the existing
D.O. Words underlined, except for headings, are additions.
3
RESOLUTION NO. 94- 137
(including the duration of both the actual delay and any
consequential delays resulting therefrom)."
3. That condition 49 of the D.O. be amended to read as follows:
1149. Commencing in 1995 and continuing every year thereafter, the
developer shall submit an Annual Status Report indicating the
status (schedule) of guaranteed roadway expansions. This
Annual Status Report shall be submitted to Indian River
County, Florida Department of Transportation, Treasure Coast
Regional Planning Council and the Department of Community
Affairs as part of the Development of Regional Impact Annual
Report.
The Annual Status Report shall list all roadway expansions
needed to be constructed by phase, the guaranteed date of
completion for the construction of each needed expansion, the
party responsible for the guaranteed construction of each
expansion, and the form of the binding commitment that
guarantees construction of each expansion.
4. That item 5. on page 19 of the D.O. be amended to read as
follows:
115. Indian River County hereby agrees that prior to July 19, 2014
the Indian Riv€;r Mall Development of Regional Impact shall not
be subject to down zoning, unit density reduction, or
intensity reduction, except as outlined in Condition 2.(a).
through 2.(mg). of this Development Order, 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 Indian
River County to be essential to the public health, safety, or
welfare."
Coding: Words in ® type are deletions from the existing
D.O. Words underlined, except for headings, are additions.
4
RESOLUTION NO. 94- 137
FINDINGS OF FACTS
1. The following Findings of Fact are made:
a. The amendments to the Development Order, as included
herein, and the Stipulated Settlement Agreement, attached
hereto as Exhibit "1", have been considered by the Board
of County Commissioners at a duly noticed public hearing
held on October 25, 1994, pursuant to Subsection 380.06,
Florida Statutes.
b. The amendments to the Development Order, as included
herein, do not create a change to a previously approved
DRI constituting a substantial deviation under the
provisions of Subsection 380.06(19), Florida Statutes.
C. The Board of County Commissioners has approved and
executed the Stipulated Settlement Agreement, a copy of
which is attached hereto as Exhibit "1", and made a part
hereof.
d. The amendments to the Development Order, as included
herein, implement the Stipulated Settlement Agreement for
the compromise and settlement of disputed claims and to
avoid the expense and uncertainty of litigation.
e. All statutory procedures and procedures required by
agency rule have been adhered to.
f. All Findings of Fact and Conclusions of Law made in the
Development Order are incorporated herein by reference.
2. The original Development Order is hereby reaffirmed in its
entirety except as amended by this Resolution.
3. This Resolution amending the original Development Order shall
become effective upon final approval of the comprehensive plan
amendment associated with the project.
4. The Developer shall record a notice of adoption of this
modification to the adopted Development Order in accordance
with Subsection 380.06(15)(f), Florida Statutes.
5. Upon adoption, this Resolution shall be transmitted by the Ex
Officio Clerk to the Board of County Commissioners, by
certified mail, to DCA, the Treasure Coast Regional Planning
Council, the Developer, and any other recipients specified by
statute or rule.
The foregoing resolution was offered by Commissioner
Faaprt and the motion was seconded by Commissioner
Adams, and, upon being put to a vote, the vote was as
follows:
Chairman John W. Tippin Aye
Vice Chairman Ken Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Ave
Coding: Words in ® type are deletions from the existing
D.O. Words underlined, except for headings, are additions.
5
RESOLUTION NO. 94-_U7
This Chairman thereupon declared the resolution duly passed and
adopted this 25 day of October , 1994.
t.
INDIAN RIVER COUNTY. CQAM-IE$1OkRS ?.;
INDI IVER COUNT�iORIDA';:
CHA , John W.AV,15in'�y
ATTEST:
�JTy K. Baston, County Clerk }�
APPROVED AS TO PLANNIN MATTERS:
Ro art Keating, ICP
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
William G. Collins
Deputy County Attorney
u\c\s\irmamend.res
Coding: Words in ® type are deletions from the existing
D.O. Words underlined, except for headings, are additions.
6
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STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
DeBARTOLO REALTY PARTNERSHIP,
LTD.,a` Delaware Limited
Partnership, Owner; DeBARTOLO
PROPERTIES MANAGEMENT,"INC.,
an Ohio corporation, Developer;
and INDIAN RIVER COUNTY, FLORIDA,
Respondents.
Case No. APP -94-081
STIPULATED SETTLEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into by and among
DEBARTOLO REALTY PARTNERSHIP, LTD., Owner, DEBARTOLO PROPERTIES
MANAGEMENT, INC., Developer, INDIAN RIVER COUNTY, Florida, a
Political subdivision of the State of Florida, and the DEPARTMENT
OF COMMUNITY AFFAIRS ("Department" or "DCA").
W I T N E S S E T H•
WHEREAS, DeBartolo Realty Partnership, Ltd. is the owner and
DeBartolo Properties Management, Inc. is the developer, of real
property located in Indian River County on which is proposed to be
developed a Development of Regional Impact ("DRI") known as Indian
River Mall; and
WHEREAS, on July 19, 1994, Indian River County issued
Resolution no. 94-93 granting development approval for the Indian
River Mall DRI (the "Development Order"); and
WHEREAS, on September 2, 1994, pursuant to Section 380.07,
Florida Statutes, the Department filed a timely appeal of the
1
t'
3
Development Order to the Florida Land and Water Adjudicatory
Commission; and
WHEREAS, the Department is the state land planning agency with
the duty and responsibility of administering and enforcing the
provisions of Chapter 380, Florida Statutes, the Florida
Environmental Land and Water Management Act of 1972 ("The Act"),
and the rules and regulations promulgated thereunder, which include
statutory and rule provisions relating to developments of regional
impact; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the
Department is authorized to enter into agreements with any
landowner, developer or other governmental agency as may be
necessary to effectuate the provisions and purposes of The Act or
any rules promulgated thereunder; and
WHEREAS, the parties hereto wish to avoid the expense, delay
and uncertainty of litigation regarding the Indian River Mall DRI
and resolve the above -styled Development Order appeal and related
issues under the terms and conditions set forth herein; and it is
in their best interests to do so; and
WHEREAS, the Department finds that this Agreement is in the
best interest of the state and is necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual promises and
conditions contained herein, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are incorporated herein and
2
V
form a`material part of this Agreement.
Z. Purpose of Agreement. The purpose and intent of this
Agreement is to fully resolve the issues raised in the Department's
appeal of the Development Order .issued by Indian. River County
approving the Indian River Mall DRi.
3. Amendment of Development Order. The parties hereto agree
that upon execution of this Agreement, Indian River County will
consider amending the provisions of the Development Order for the
Indian River Mall DRI, as set forth in Exhibit "A," attached
hereto. If Indian River County implements this Agreement through
the adoption of an amendment to the Development Order, consistent
with this Agreement and Exhibit "A" attached hereto, and the plan
amendment associated with the Development Order is finally approved
by the Department or the Administration Commission, pursuant to
Chapter 163, Part II, Florida Statutes, such actions will fully
resolve the issues raised in the Department's appeal of the
Development Order and will constitute an amended Development Order
for the Indian River Mall Development of Regional Impact (DRI)
pursuant to Chapter 380.06, Florida Statutes. If the County does
not amend the Development Order in accordance with and pursuant to
this Agreement, this Agreement may be declared null and void by the
Department, DeBartolo Realty Partnership, Ltd. or DeBartolo
Properties Management, Inc.
4. Non -substantial Deviation. The parties hereto agree that
amendment of the Development Order to implement this Stipulated
Settlement Agreement shall not constitute a substantial deviation
3
requiring further development of regional impact review pursuant to
Section' -39006(19), Florida Statutes.
5. Further Proceedings. If an amended development order,
consistent with this Agreement, is received by the Department,
within five (5) working days after the plan amendment associated
'withthe Indian River Mall DRi Development Order is finally
approved by the Department or the Administration Commission,
pursuant to Chapter 163, Part II, Florida Statutes, the Department
"shall file a notice of voluntary dismissal with prejudice of this
appeal and shall seek a final order from the Florida Land and Water
Adjudicatory Commission concluding this appeal proceeding. By
their signatures hereon, the Owner, Developer and Indian River
County join in any request by DCA to place this matter in abeyance
pending issuance of an amended development order and the filing of
a notice of voluntary dismissal; and join in any request by DCA for
entry of a final order consistent with this Agreement.
6. Caveat. The parties hereto acknowledge their
disagreement over whether the subject Development Order is
consistent with the provisions of Chapter 380, Florida Statutes,
relating to developments of regional impact and with the
administrative rules promulgated thereunder and have entered into
this Agreement solely for purposes of compromise and settlement of
disputed matters. This Agreement shall not be deemed to constitute
a waiver of any party's position with regard to the proper
interpretation and implementation of statutory and regulatory
provisions relating to developments of regional impact, and shall
4
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-not: bei given °precedential effect with regard to any other DRi
development orders for other projects.
- 7 Retention of Right to Final Hearing. Time is of the
essence for this Agreement. if any. party hereto fails to implement
this Agreement within the time periods prescribed hereunder, or if
this Agreement is based upon materially false or inaccurate
Information, any party -hereto shall be entitled to withdraw from
this Agreement and seek a final hearing in this case by motion
filed with the Florida Land and Water Adjudicatory Commission.
S. Release; Costs and Attorney's Fees. Upon dismissal of
the referenced proceeding, consistent with this Agreement, the
parties hereto release each other from any and all claims of
whatever nature which arise or may arise out of the appeal of the
Development Order. Each party hereto shall bear its own costs and
attorney's fees incurred in this proceeding.
9. Scope of Authority. This Agreement affects the rights
and obligations of the parties hereto under the provisions of
Chapter 380, Florida Statutes, relating to developments of regional
impact. This Agreement is not intended to influence or determine
the authority or decisions of any other state or local government
or agency in the issuance of any other permits or approvals that
might be required by state law or local ordinance for any
development authorized by this Agreement.
10. Duplicate Originals. This Agreement may be executed in
any number of originals, all of which evidence one agreement, and
only one of which need be produced for any purpose.
5
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ll. Binding Effect. Thia Agreement shall be binding on the
parties hereto, their heirs, successors and assigns.
12 Entirety of Agreement/Amendment. This Agreement
,constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate writing signed by the
parties hereto.
13. Effective Date of Agreement. The effective date of this
Agreement is the date that the last party hereto signs and
acknowledges this Agreement.
IN WITNESS WHEREOF, the parties hereto, by their duly
authorized undersigned representatives, have executed this
Agreement on the dates and year below written.
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
By
Date Charles G. Pattison
Director, Division of Resource
STATE OF FLORIDA Planning and Management
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of, 1994, by Charles Pattison, as Director,
Division of Resource Planning and Management, Department of
Community Affairs, who is personally known to me or who produced
as identification.
Notary Public Signature
Name (types, printed or stamped)
Commission Number
My Commission Expires:
6
INDIAN RIVER COUNTY, FLORIDA
DATE: r'5�9� a
STATE OF FLORIDA
By
COUNTY OF _VNe,a,d RiycR pprn a rman
Board of County Comm{{s goners
The ,fore anA�Q�in trument was acknowledged before me this
day of 1994, by X6-'tti u), r j P P1 A ,
and: J. K.�Af r N' respectively as Chairman and Clerk of
-the Board of County Commissioners -.of Indian River County, Florida,
who is personally known to me or who produced —
as identification. C?m
L
ATTEST: _ Notary .Public Signature
Namet--
( YPeB.�,. ,•.�.��3�ia�9 aAls
An 27. Ills
6ART 0 CLERK „M j .aanMTWFww�w
Commission Number
PATRKNA M. RIMY
My Commission Expires:... my X271 0M`
DeBARTOLO REALTY PARTNERSHIP, LTD.,
a Delaware Limited Partnership, Owner
DeBARTOLO PROPERTIES MANAGEMENT, INC.
an O o Corporation, D elo er
Date: 2 �i 9 y By: Ad�
Gordon J. Schi , Esquire
Macfarlane Ausley Ferguson & McMullen
P.O. Box 1531
Tampa, FL 33601
(813) 273-4344
Florida Bar No. 518890
Attorneys for Respondents, DeBartolo
Realty Partnership, Ltd. and
DeBartolo Properties Management, Inc.
fi
STATE ;OF FLORIDA
8
Y1
RESOLUTION NO. 94-93
A Resolution of the Board of County Commissioners of
Indian River County, Florida, making findings of fact and
conclusions of law pertaining to Indian River Nall, a
Development of Regional Impact*and constituting this
Resolution as a Development Order by Indian River County
in compliance with law, providing an effective date; and
providing a termination date.
WHEREAS, Edward J. DeBartolo Corporation has filed a
Development of Regional Impact Application for Development Approval
With Indian River County, Florida, in 'accordance with Section
380.06, Florida Statutes; and
WHEREAS, the Developer of the Development is DeBartolo
Properties Management, Inc., agent for DeBartolo Realty
Partnership, L.P., and the owner of the Development is DeBartolo
Realty Partnership, L.P.; and
WHEREAS, the authorized agents of the Developer are Mr. David
H. Curl, DeBartolo Properties Management, Inc., P.O. Box 3287,
Youngstown, Ohio 44512-6085 and Mr. Thomas Marsieano, Vice
President, Greiner, Inc., P.O. Box 31646, Tampa, FL 33630-3416; and
WHEREAS, said Applicant proposes to construct 1,517,174 square
_ feet, gross floor area, of retail development (945,364 square feet
of regional mall, 404,979 of community shopping center, and 166,831
square, feet of outparcel or peripheral retail) andragzilagm,�f
7;68$:;pprking:spaces, constituting a Development of Regional Impact
on the reail property legally described in Exhibit "A" attached
hereto and located in Indian River County, Florida; and
WHEREAS, the Board of County Commissioners as the governing
body of Indian River County having jurisdiction, pursuant to
Chapter 380, Florida Statutes, is authorized and empowered to
consider Applications for Development Approval for Developments of
Regional Impact; and
WHEREAS, the Board of County Commissioners on the 19th day of
July, 1994, held a duly noticed public hearing on the Development
of Regional Impact Application for Development Approval and has
heard and considered the testimony taken thereat; and
WHEREAS, the Board of County Commissioners has received and
considered the assessment report and recommendations of the
Treasure Coast Regional Planning Council; and
WHEREAS, the Board of County Commissioners has made the
following FINDINGS OF FACT and CONCLUSIONS OF LAW with regard to
the Application for Development Approval:
FINDINGS OF FACT
I!" The proposed Development is not'id an area of critical
state concern designated pursuant to the provisions of Section
380.06, Florida Statutes;
2. The proposed development is consistent with the State
Land Development Plan and the State Comprehensive Plan;
3. The proposed development is consistent with the report
and recommendations of the Treasure Coast Regional Planning Council
submitted pursuant to Section 380.06(12)(a), Florida Statutes; and
4. The proposed Development In consistent with the local
comprehensive plan, Zoning, and land development laws and
regulations of the County.
FShcibat ,Ae
(gage 1 of 7 Pages)
b •
RESOLUTIOH NO. 94-93
5, The conditional concurrency requirewents for have
solid waste, water,' wastewater, recreation, and transportationManagement
been met under the Indian Rowrrovement conditions ontaounty COncurr*ncyinad !n
been . Incorporating the road Improvement dewlaper's agreement
this Development Order into an approved11 the
between the developer and Indian RiverCounty of the Indian River
Initial concurrency transportation requirements
Counfy''Concurrency Management System.
CONCLUSIONS OF LAW
NOW, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, in a public sleeting, duly constituted
and assembled this 19th day of July, 1994, that the Indian River
Mall Development of Regional Impact Application for Development
Approval submitted by the Edward J. DeBartolo Corporation is hereby
APPROVED, subject to the following conditions, reatrietions, and
limitations:
Application for Development Approval
1. The Indian River Mall Application for Development Approval is
Incorporated herein by reference. It 1s relied upon, but not
to the exclusion of otion, by the
ther
statutory oduties under Chapter
parties in discharging
380, Florida Statutes. Substantial complfor Development
representations contained in the App
licationApproval, as modified by Development Order conditions, is a
condition for approval.
For the purpose of this condition, the Application for
Development Approval shall include the following items:
a. Application for Development Approval dated December 20,
1993;
b. Supplemental informationed dated January 18, 1994; and
March 28, 1994; and
C. Revised Map H, the project master development plan,
attached hereto.
Commencement and Progress of Development
2.(a). i•rr tikee;e=lThe developer shaI144*44-te commence
significant physical development within twothsee years
from the effective date of the Development Order, unless
tiaeraae is,:.aadifhed by y khe�-B.oar4jQunY
such s... , ..,
�osnissioness;,a6`• psrC .
dey
VIA
elopwenti yep tab' 4.
ext
wlopmen approve s
to na a wi_ shall be subject to further
development -of -regional- impact review by the Treasure
Coast Regional Planning Council, DepartsenttofC omunity
Affairs, and Indian River County puts on
purposes of this
380.06, Florida Statutes-
tatiut shFor all bethe deemed to have been
paragraph, constri!
initiated after Placement of permanent evidence of a
structure g Of slabs or footiingsor)On A any work"beyond the
, such as
the pouring
stage of excavation or land clearing.
2.(b). , e
I
2
EddbW "r
(Page 2 of 7 Pages)
RESCLUTx0N N0. 91-93
developer &hall submlt to the county planning division a
complete site plan application for the construction of at
least three hundred twenty thousand (320,000) square feet
of regional commercial. facility (single, enclosed mall
building),.:uiilessiiuch'tSiifism is modified k?y thca;d :i!
of County C6"lssl*DOrs.;k •as •,part , of ; a iievolop�eFit
agreement,': to ;:eYtend.iXhe r r�eadline oto ; sublmit,+suFhe+
complete site"plan.appllcation'te"thirty :(30l••aoaths'arom
the effective.., date:.of. the.,A*velbpmi.t Order. In tAe
event the developer 'falls to meet this deadline,
development approval shall terminate and the development
shall be subject :to further development -of -regional -
impact review by the .Treasure Coast Regional Planning
Council, Department of Community Affairs, -and Indian
River County pursuant to Section 380.06, Florida
Statutes.
2_(c). No site plan(s) shall be released and no building permit
shall be issued for the development of the commercial
outparcels or community shopping center (as referenced in
the ADA) until the developer completes (as determined by
the county building department) of at least fifty percent
(SO%) of the structural foundation elements (At, above,
and below grade) negessary for the construction at least
three hundred twenty thousand (320,000) square feet of
regional mall, gross floor area.
2.(d). In the event the developer fails to commence significant
physical development of at least three hundred twenty
thousand (320,000) square feet of regional mall gross
floor areal within the.timeframe set forth in paragraph
2.(a)., abov , development
approval shall terminate and the development shall be
subject to further development -of -regional -impact review
by the Treasure Coast Regional Planning Council and
Indian River County pursuant to Section 380.06, Florida
Statutes. The developer shall notify in writing the
Treasure Coast Regional Planning Council and Indian River
County of the date significant physical development has
commenced, and shall specifically identify by reference
to an approved site plan the building(s) and area(s)
within the initial mall construction phase. For the
purpose of this paragraph, significant physical
development shall be deemed to have commenced after
placement of permanent evidence of a structure (other
than a mobile home) on the subject site(s), such as the
pouring of slabs or footings or any permanent work beyond
the stage of excavation, land clearing, or earthwork.
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2-(6) . The developer shall complete (is deteralned by the county
building department) all stractural foundation elements
(at, above, or below grade) for at least three hundred
twenty thousand (320,000) square feet of regional
commercial facility (mall) gross building area, within
two hundred ten (210) days of the commencement date as
notleed by the developer to the Treasure Coast Regional
3
EdLiblt "Aa
(Page 3 of 7 Pages)
Jr
RESOLUTION No. 94-93
Planning Council and'Indian River County (reference
2.(d).,above) for the buildings) 'and 'area(s)
specifically Identified by the developer as the initial
mall . In the, event the developer
eonatruetion,phase.'
fails to complete'construetion within ,theprescribed
`
notice
deadlines, then, after at least 30 calendar
hearings revoke
to the developer, the County •may, Po
the mall site plan approval.
2.(fy). The developer shall complete `shell" construction of the
The del mall construction phase within twenty-four (24)
Inimonths from the com"nCemsnt date as noticed by the
developer to the Treasure Coast Regional Planning Council
and Indian River County (reference 2.(d)., above) for the
areas) specifically identified by the developer as the
initial mall construction phase. In the event the
developprescrier fails to cbed deadlines thenei hin the
aftersatuleast 10 ction tcalendar
days notice to the developer, the Count= vmey, u�r
op
hearing, revoke the mall site plan app
purposes of this paragraph, "complete shell construction"
is defined as completion of the building foundation,
roofing, andexterior walls as depicted within the
as ver
buuiildi 9 department uponinspection ofified the building sitebthe .
2.(9h). with respect to paragraphs 2.(at). and 2.(0). above, the
following shall apply. In the event that the developer
shall be delayed or hindered in or prevented from the
performance of any act or requirement under conditions
2.(e€). and 2.(fg). of this Development Order by reasons
of strikes, lockouts or labor troubles; inability to
procure construction materials due to general shortage,
government rationing or regulation of labor, mates,
equipment, facilities or sources of energy (including,
without limitation, electricity, oil or gas); failure of
power or transportation; riots, mob violence, sabotage,
malicious mischief, insurrection or war; Acts of God,
fire, earthquake, flood, hurricane, explosion or other
casualty or other reasons of a similar nature beyond the
reasonable control of the developer in performing work or
doing acts specified under the terms of conditions
2.(e€). and 2.(f4j). of this Development Order, then, and
in each such event performance of such work or act shall
be excused for the period of the delay (including the
duration of both the actual delay and any consequential
delays resulting therefrom) and any period set forth in
conditions 2.(0€). and 2.(%4g). of this Development Order
in performance of any such work or act shall be extended
for a period equivalent to the period of such delay
'ate. (Including the duration of both thgActual delay and any
consequential delays resulting therefrom).
Phasing
3. The phasing of the development is approved as follows:
One continuous phase of development, with build -out by
December 31, 1999, unless otherwise amended pursuant to 380.06
(19) Florida Statutes.
Termination Date
4. This Development Order shall terminate on July 19, 2014.
r
4
bdAbit 'A"
Pave 4 of 7 Pages
RLSOLUTIOH NO. 94-93
Affairs as part of the Development of Regional Impact Annual
Report.
The Annual Status Report shall list all roadway expansions
needed to be constructed by phase, the guaranteed date of
Completion for the construction of each needed• expansion, the
party responsible for the guaranteed construction of each
expansion, and the form of the b}nding commitment that
guarantees construction of each expansion.
50. A traffic methodology meeting shall be conducted for any
proposed change to the Development Order that may affect
traffic, such as an increase in project size and extension of
the project buildout dates. The Florida Department of
Transportation, the Department of Community Affairs, Treasure
Coast Regional Planning Council, Indian River County, and the
City of Vero Beach shall be present at the meeting. Issues to
be discussed at the meeting include, but are not limited to:
trip generation rates, trip distribution and assignment,
passer-by rates, growth factors, application of the growth
factors, approved developments in the area, and proposed
roadway expansions. A traffic study shall be submitted to the
Florida Department of Transportation, Department of Community
Affairs, Treasure Coast Regional Planning Council, Indian
River County, and the City of Vero Beach which will determine
traffic impacts of the proposed change. This study will
incorporate the methodology discussed at the traffic
methodology meeting. The traffic study shall identify any
additional roadway expansions necessary to maintain the
subject transportation network at objective levels of service.
Additional building permits shall not be issued for the
portions of the Indian River Hall Development of Regional
Impact that are the subject of the proposed change until: 1)
a new project phasing program and roadway expansion program
necessary to maintain acceptable levels of service for the
remainder of the development has been approved by Indian River
County, Florida Department of Transportation, Department of
Community Affairs, and Treasure Coast Regional Planning
Council in consultation with the City of Vero Beach; and b)
the Development Order has been amended to reflect the new
pha$ing program and set of additional roadway expansions.
51. No additional building permit shall be issued after
December 31, 1999, unless a traffic study has been conducted
by the developer, and submitted to and approved by Indian
River County, Florida Department of Transportation, Department
Of Community Affairs, and Treasure Coast Regional Planning
Council, in consultation with the City of Vero Beach, which
demonstrate that the regional roadway network can accomodate
the remaining (yet to be generated) Indian River Hall
generated traffic and growth in background traffic beyond 1999
and still be maintained at Level of Service D daring peak-
hour/peak-season conditions. The traffic study shall:
a. be conducted'in 1999, and
00
16
E ddut W
Page 5 of 7 pages
RCSOL1jT101t No. 94-93
Identification and intended use of lands purchased,
leased, or optioned by the developer adjacent to the
original site since the Development Order was issued;
An assessment, listing the developer's and local
government -s compliance with each of the .conditions of
approval contained in this Development Order and the
commitments specified in the Application for Development
Approval and summarized in the Re4konal Planning Council
Assessment for the development undertaken. This
assessment shall include a list of each Development Order
condition number and a corresponding statement regarding
the status of compliance with that condition:
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 annual report shall be transmitted to Indian River
County, the Treasure Coast Regional Planning Council, the
Florida Department of Community Affairs, the Florida
Department of Environmental Protection, the South Florida
water Management District, and such additional parties as
may be appropriate or required by law;
j. 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,
k. Any other information requested by the Board of County
Commissioners of Indian River County or the Indian River
Community Development Director to be included in the
annual report.
4. The definitions found in Chapter 380, Florida Statutes, shall
apply to this Development Order.
5. Indian River County hereby agrees that prior to July 19, 2014
the Indian River Mall Development of Regional Impact shall not
be subject to down zoning, unit density reduction, or
Intensity reduction, except as outlined in Condition 2.(a).
thrpbgh 2.(gh). of this Development Order, -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 Indian
River County to be essential to the public health, safety, or
welfare.
G. 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 Dean any future instrumentality which may be
created and designated as successor in interest to, or which
otherwise possesses any of the powers and duties of any
19
Ig3dUt "A"
Page 6 of 7 Pages
1
REVISED MAP H
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Exhibit .
Page 7o7Pages
X
0
JOINT ACQUISITION AGREEMENT
The purpose of this agreement is to provide for joint acquisition of certain
properties bordering on the Indian River estuary south of the City of Vero
Beach, by the St. John's River Water Management District (the "District") and
Indian River County (the "County"). This agreement is intended to informally
delle how the District and the County will proceed in preparing to negotiate,
negotiating and closing on these tracts. Other details of these acquisitions will
be the subject of continuing discussion and agreement between the staffs of
the District and the County.
Parties. The parties to this agreement are the District and the County.
Properties/ ellollity. The properties covered by this agreement are those
listed on Exhibit A. attached. The Lowenstein, Salama, Emerson, and Indian
River Farms tracts are all on the approved Five Year Plan of the District, and
on the County's approved acquisition list, and are therefore immediately
eligible for acquisition under the process set forth in this agreement. The
remaining tracts will be considered for acquisition eligibility in accordance with
the "Additional Acquisition Planning" paragraph below.
Additional Acquisition Planning. The Vista Properties tract, the Round Island
tract, and the Indian River South tracts listed on Exhibit B. attached, will be
the subject of additional acquisition planning by the District and the County.
The District will consider any of these tracts, or portions of them, which are
not now included in the District's Five Year Plan, for inclusion in the 1995 Five
Year Plan. The County will consider the Vista Properties tract for inclusion in
Its list of properties approved for acquisition. As these tracts are added to both
party's approved lists, they will be automatically included for joint processing
and acquisition under this agreement.
Acquisition Processing/ costs. The District will obtain and pay for all products
and services needed for each property pre-acquisition and closing, including
appraisals, reviews, timber cruises, title information, appraisal mapping,
surveys, title insurance, environmental site assessments and similar items.
The parties will negotiate with landowners to pay for some of these items when
they deem it appropriate. The County will reimburse the District for 50 % of
all documented costs pertaining to each joint acquisition, in response to a
written request for reimbursement received from the District documenting the
paid items to the reasonable satisfaction of the County. This process may be
reversed (i.e. County obtains items with 50 % reimbursement by the District)
by agreement between the staff's of the District and the County.
Authorities/ ownership. The District will follow and operate under the
procedures set forth in Section 373.139, FS, and Chapter 40C-9, FAC. The
County will follow all Florida laws and rules applicable to County land
acquisitions, its approved Land Acquisition Guide, and internal operating
procedures. The District's requirements and procedures will supersede the
County's, unless there is direct conflict of law, in which case the parties will
resolve the conflict through further agreement. Title to property acquired
under this agreement will be held jointly by the District and the County, with
each owning an undivided 50 % interest. No agreement for acquisition of
property will be binding upon the District without specific approval of that
agreement by the District Governing Hoard, nor upon the County without
specific approval of that agreement by the Hoard of County Commissioners.
Negotiation/ strategy. Prior to the ordering of appraisals, and again prior to
commencement of negotiations, the District and the County will informally
discuss and agree upon a strategy to be followed in obtaining products and
services needed for the acquisition, and in negotiating and contracting with the
landowner. It is anticipated that either the District or the County, or both
jointly, may take the lead as to any part of the process, or for negotiation with
the landowner. The parties will document agreed-upon strategies in writing.
Disbursement of funds/ conveyance of title. The parties will determine by
agreement who will take the lead in closing in each instance, and agreements
for having funds at the closing and disbursement of those funds will be made
at that time. Closings by the District and County will be simultaneous, and
the parties will agree to accept no less than statutory warranty deeds -
conveying a 50 % undivided interest each to the District and the County -
unless there is a legal reason the landowner cannot give such a deed, in which
case special warranty deeds may be considered by either party. An alternate
closing procedure may be agreed to by the parties as necessary.
Confldmtiallty. The parties will be bound by state law pertaining to
confidentiality of appraisals, and offers and counteroffers.
Management. At or about the time appraisals are ordered for a tract to be
acquired, the parties will reach tentative agreement as to who will provide
short and long-term management of the property after closing. Prior to
approval of an agreement for purchase by the District or the County, the
management entity will have prepared a conceptual management plan for
review and approval of the parties. The final management plan win be
prepared and adopted in accordance with the laws and rules applicable to the
2
management entity, and in accordance with further agreement by the District
and the County. Final management plans shall be approved and implemented
no later than one year after closing.
Am dm t of tbb agreement The parties may amend or modify this
agreement by mutual consent.
StaigRgnewntatives. The staff representatives and contacts for purposes
relating to this agreement will be as follows:
For the District: Ray Bunton
Director, Land Acquisition
St. John's River Water Management District
P O Box 1429
Palatka FL 32178-1429
904/329-4335
904/329-4125 (FA}Q
For the County: Charles J. Hardee
FloridAfRnity, Inc.
1117 Harbert Street
Tallahassee FL 32303
904/222-8518
904/222-8560 (FAJQ
THIS AGREEMENT is entered into by the parties, effective on the date the last
party to sign does so.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
By:
Henry Dean, Exec. Dir.
Date:
INDIAN RIVER CO1�T1'Y
By: % C
Jdhn Tippin, man
Board of County Commissioners
Date: rc 9y
APPROVED AS TO FORM
LAND GAICIENCY
3 BY TERRENCE P. O'BRIEN
ASST.000NTY ATTORNEY
EXHIBIT A
Properties Subject to Immediate Action Under This Agreement:
Lowenstein/Diamond
Salama
Emerson Estate
Block
Canty - Indian River Farms
4
EXHIBIT B
Properties to be Acted Upon Under This Agreement
Subject to Additional Acquisition Planning by the Parties:
Vista Properties
Round Island
Indian River South - County Project landowners:
Schlitt
Flinn
Empire Group
Korenvaes
Moretti
Postweilder
Tanen
Strazzula Bros.
5