HomeMy WebLinkAbout1993-088RESOLUTION NO. 93 88
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER
(D.O.) APPROVED BY THE BOARD OFTHE GRAND HARBOR DEVELOPMENT OFC EGI NALrIMPACTNERS (DRI)OR
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 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); 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 ±1.06 acres of
property to the overall project area, an update of the project
master plan and project phasing and build -out dates, and an update
and replacement of development order transportation conditions; and
WHEREAS, the proposed changes, including the addition of ±1.06
acres, will result in no increase in the maximum allowable
development intensity of the overall 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 development approval and the addition of ±1.06
acres to the overall project site do not constitute a
substantial deviation pursuant to Chapter 380 of the Florida
Statutes.
2. The notification of proposed change application and materials
submitted by Dennis Matherne of behalf of the developer, GHA,
Grand Harbor Ltd., dated March 12, 1993, 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 85-128), and all subsequent
amendments (reference the Resolutions specified above), shall
remain in full farce and effect on the entire project area and
shall be binding upon the ±1.06 acre site being added to the
project.
4. The ±1.06 acre parcel is hereby added to the project. The
updated legal description covering the overall DRI site,
including the ±1.06 acre parcel, is hereby recognized to be
the legal description contained in Exhibit "A", attached.
5. The termination date specified in the development order
(Resolution 85-128, item 3) is hereby changed from November 1,
2005 to November 1, 2010.
6. The updated project master development plan as shown in
Exhibit "B", attached, is hereby incorporated into the
development order.
7. The updated land use and phasing plan as shown in Exhibit "C",
attached, is hereby incorporated into the development order.
RESOLUTION NO. 93-88
t. The transportation conditions specified in the development
order (Resolution 85-128, items 47-62) are hereby deleted and
replaced with the following transportation conditions.
47. Concurrent with the Phase I development of the US i commercial
site, the following improvements will be constructed:
a. Harbor Drive and Commercial Parcel
• Eastbound right -turn lane
• Westbound left -turn lane
b. Indian River Boulevard and Commercial Parcel
Eastbound right -turn lane
Northbound left -turn lane
Southbound right -turn lane
No Certificates of Occupancy (C.O.) will be issued for the
Commercial Parcel until the above improvements are installed,
and accepted by Indian River County.
48. The Grand Harbor 1994 Annual Report, and all subsequent annual
reports until project build -out, shall evaluate the need for
a signal at the following locations:
a. U.S. 1 and Harbor Drive
b. Indian River Boulevard and Harbor Drive
In the event a signal is warranted and approved by the
appropriate agency(s) at either of the above intersections,
the developer shall design and construct the signal prior to
the next Annual Report. No Certificates of Occupancy (C.O.)
shall be issued for the Grand Harbor development beyond one
year from the time the signal warrants are approved until the
signal is constructed. The results of this signal need
analysis will be included in the Grand Harbor Annual Report.
49. Concurrent with the Phase II development of the US 1 office
site, the following improvements will be constructed:
a. Indian River Boulevard and Office Parcel
• Eastbound right -turn lane
• Northbound left -turn lane
• Southbound right -turn lane
No Certificates of Occupancy (C.O.) will be issued for the
Office Parcel until the above approved improvements are
installed, and accepted by Indian River County.
50. The first Grand Harbor Annual Report submitted after
commencement of Phase II development, and all subsequent
annual reports until project buildout, shall evaluate the need
for a signal at the following location:
a. Indian River Boulevard and 45th Street
In the event a signal is warranted and approved by the
appropriate agency at the above intersection, the developer
shall design and construct the signal prior to the next Annual
Report. No Certificates of Occupancy (C.O.) shall be issued
for the Grand Harbor development beyond one year from the time
the signal warrants are approved until the signal is
constructed. The results of this signal need analysis will be
included in the Grand Harbor Annual Report.
RESOLUTION NO. 53-88
S1. The developer shall not receive building permits for any
Harbor after December 31,
portion of development of Grand
2000, until a traffic analysis is conducted by the developer
and submitted to Indian River County, Treasure Coast Regional
Planning Council, the Department of Community Affairs, and the
Florida Department of Transportation. The methodology to be
used in the traffic analysis shall be determined in agreement
between Indian River County, Treasure Coast Regional Planning
Council, the Department of Community Affairs, and the Florida
Department of Transportation. The traffic analysis will
address the following:
a. projected timing of the remaining building permits and
certificates of occupancy for the development of Grand
Harbor; and
b. identification of roadway and intersection improvements
necessary to maintain Level of Service C during average
conditions and Level of Service D during peak season
conditions (peak hour, peak direction) for the subject
transportation including project impacts and growth in
background traffic.
C. The Developer shall not receive building permits and/or
Certificates of Occupancy for the development of any
portion of Grand Harbor after December 31, 2000, until
the Transportation Section of the development order is
amended to incorporate new and/or revised conditions that
reflect the results of the traffic analysis identified
above.
52. The developer shall submit an annual traffic monitoring report
in accordance with General Condition 3(i)-11 of the
development order. In addition, the developer shall evaluate
the need for traffic signals at the following locations in
accordance with Conditions 48 and 50:
a. U.S. 1 and Harbor Drive
b. Indian River Boulevard and Harbor Drive
C. Indian River Boulevard and 45th Street
The annual traffic monitoring report shall be conducted during
the first quarter of each reporting year to provide traffic
information on peak season conditions.
53. Access to Grand Harbor shall be from 53rd Street, Grand Harbor
Boulevard, Indian River Boulevard, and the one U.S. 1 access
at Grand Harbor Boulevard. All future access locations and
designs shall be approved by Indian River County.
The remaining development order conditions #63 through #65 are
renumbered to be conditions #54 through #56 with no change to their
language.
The foregoing resolution was offered by Commissioner
-Exj4 rt and the motion was seconded by Commissioner
Aflame , and, upon being put to vote, the vote was as
follows:
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Ave -
Commissioner Fran Adams Aye
Commissioner Carolyn Eggert Ave
Commissioner Kenneth Macht Am
3
I
4
EXHIBIT "A"
PARCEL I: Government Lots 1 and 2, Section 13, Township 32
South, Range 39 East, less all of ,that part of said Government
Lot'i, lying North of the following described line: From the
SW corner of said Section 13, run North along the West line of
Government Lots 1 and 2 in said Section 13, a distance of
2025.96 feet tp the point of beginning; .thence run East on a
line parallel to thh 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
PARCEL 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 land lying
and being in Indian River County, Florida.
AND
PARCEL m: The SE 1/4 of the NW 1/4 and the NE 1/4 of the SW
1/4 (lying East of U.S. 1) and the HW,1/4 of the SW 1/,4 (lying
East of U.S. 1), all in Section 23, Township 32 South, Range 39
r6ast, 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
PAR�F.L IJ: Parcel 1: The West 1/2 of the West 1/2 of
Section 24, Township 32 South, Range 39 East, Indian River
County, I*lorida.
Parcel 2: All of Government Lot 3', lying North of Gifford Dock
Road, of Section 24, Township 32 South, Range 39 East, Indian
River County, Florida, being 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.
Parcel 3: The West 1/2 of the North 1/2 of the northwest 1/4
of the southeast 1/4 of Section 23, Township 32 south, Range 39
East, Indian River County, Florida.
Parcel 4: The East 1/2 of the southeast 1/4 of Section 23,
Township 32 South, Range 39 East, and the East 1/2 of the
northwest 1/4 of the uoutheast 1/4 of Section 23, Township 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
County, 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 the 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 8: The southwest 1/4 of the northeast 1/4 of Section
23, Township 32 South, Range'39 East, Indian River County,
Florida.
ALL OF THE ABOVE FOUR PARCELS LESS AND EXCEPT THOSE PARCELS %
DESCRIBED IN ADDENDA "B -I", "B -II", "B -III", "B -IV", "B -V",
"B -VI", "B -VII", "B -VIII" AND "D -IX" ATTACHED HERETO AND MADE A j
PART HEREOF.
AND
PARCEL VI: Commence at the Northeast corner of Section 23,
Township 32 South, Range 39 East, Indian River County, Florida.
Thence run N 89.86017" W along the North line of the aforesaid
Section 23 a distance of 2662.76 feet to the quarter Section
line; ;thence run S 00.01124" W along the aforesaid quarter
Section line a distance of 995.01 ,feet to the point of
beginning of a parcel of land lying in the aforesaid Section 23
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 89048001" West a distance
of 439.66 feet to intersect with the.East right-of-way line of
Indian River Boulevard; thence run Northwest along the East
right-of-way line of Indian River Boulevard on a curve to the
right with a chord bearing of N 31°15'13" West having a radius
of 3766.10 feet with a central angle. of 00'18113" and run an
arc distance of 19.95 feet toa curve to the right having a
radius 1800.00 feet with a central angle of 11007130" and run
an arc a distance of 349.50 feet; thence leaving the aforesaid
East. right-of-way line of Indian: River Boulevard run S
89°49'49" East a distance of 600.59 feet to the point of
beginning.
AND
PARCEL VII: A.parcel of land lying in part of the Southeast
1/4 of Section 14 and part of the North haif of the Northeast
1/4 of 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 15.24102" West, 172.55 feet to a point in
the 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
angler of 39.39150" and a radius of 200.00 feet, run an arc
distance of 136.45 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
PARCEL 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 South,
Range 39 East, Indian River County, Florida, LESS AND EXCEPT
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°50116" 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 aiong a curve to the right,
the radius point of which lies N 6746' 23" E 4135.04 feet
through a central angle of 2.19138",an arc of 167.95 feet to a
point of reverse curvature, Then run on a curve to the left
with a radius of 5000 feet and a central angle of 5.13431",
an arc distance of 455.99 feet to a point in the East line of
the Southwest quarter of the Northwest quarter of the
Southeast quarter of the aforementioned section, and a Point
of.Beginning. Then run N 0°01115" E 84.73 feet to a point.
Then .run N 89°43157" W 40.87 feet to a point in the
aforementioned curve, the West line of Indian River
Boulevard. Then run Southerly on a curve to the right with a
radius of 5000 feet and a central angle of 100415011, an arc
distance of 94.30 feet to the Point of Beginning. Lying and
being in Indian River County, Florida.
AND
RARCEL IX: All that portion of the southwest 1/4 of the
southeast 1/4 of Section 23, Township 33 South, Range 39 East,
lying east of the east right-of-way line of Indian River
Boulevard; said lands lying and being in Indian River County,
Florida.
EXHIBIT, A
(DONTIN(JED)
I '
PLAT OF RIVER CLUB PA EL 1
PARCEL VII
Z�
PARCEL IV PARCEL IV
PARCEL IV PARCEL IV
n..m q rPA1(II a)
PARCEL IV PARCEL 11
(PN'm 1)
Ott PMCEL IY
S\/ I--LNY
PARCEL IV
_ &._ .)_
PARCEL IN
NORTH CIFTDRD ROAD
_L
cT'
i -
NO?
WQOCED
EXHIBIT "B"
Land Use Summary
Phase I
Single Fatally Dwelling Units
71
Multi -Family Dwelling Units
1,569
Marina
344 slips
Last Conluuerclul
111,(xx) s.f.
West Commercial
311,(x1(1 s.f.
Buildout
Single Family Dwelling Units
71
Multi -Family Dwelling Units
2,482
Marina
344 slips
Cast Commercial-
1(9),(xx) s.f.
West Commercial
348,450 s.f.
Office
241,(NN) s.f.
•Mired Use &W ad exceed:
Muki-rawly D*CU Wta Units:
414
Con merdal:
101),N) 61.
Legend
NMuld-Family Residential
Siugic I01411dly Resideullul
®Commercial
001 Office
ED Mixed Use'
N aTt
8n1nR93
3
" Land. Use and Phasing plan
Notes: 1. Commercial land uses can be transferred to and from the east and
west parcels as demonstrated in the Barnes Tract NOPC (Resolution
#92-68). Net new external vehicular trips will not be increased.
2. ACLF development with nine (9) additional golf. holes and ancillary
health care facilities is consistent with the multi -family land use and
may be developed on multi -family parcels as demonstrated in the
reanalysis. New external trips will not be increased.
3. Single family units can also be developed on residential parcels with
the appropriate reduction in density. New external trips will not be
increased.
' The Grand Harbor Marina is currently approved for 144 slips. The 344 slip count
is pending substantial deviation review.
Phase 1 (1997)
(Phase i Totals)
East: SFDU
71 D.U.
Multi -Family
1,569 D.U.
Marina
344 Slips*
Golf
36 Holes
Commercial
20,000 Ftz
West: Commercial
30,000 Ftz
13u1►dout (2000)
(Totals at Buildout)
.East: , SFDU
71 D.U.
Multi -Family
2,482 D.U.
Marina
344 Slips*
Golf
36 Holes
Commercial
100,000 Ftz
• West: Commercial
348,450 Ftz
" Office
I
241,000 Ftz
Notes: 1. Commercial land uses can be transferred to and from the east and
west parcels as demonstrated in the Barnes Tract NOPC (Resolution
#92-68). Net new external vehicular trips will not be increased.
2. ACLF development with nine (9) additional golf. holes and ancillary
health care facilities is consistent with the multi -family land use and
may be developed on multi -family parcels as demonstrated in the
reanalysis. New external trips will not be increased.
3. Single family units can also be developed on residential parcels with
the appropriate reduction in density. New external trips will not be
increased.
' The Grand Harbor Marina is currently approved for 144 slips. The 344 slip count
is pending substantial deviation review.