HomeMy WebLinkAbout1992-068RESOLUTION NO. 92- 68
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
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); 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 ±10.08 acres of
property in the southwest corner of the project site (see Exhibit
"A", legal description), deletion of the proposed resort hotel at
the project marina, and project land use map changes; and
WHEREAS, the proposed changes, including the addition of ±10.08
acres to the project, will result in no increase in commercial
square footage allowed nor allow additional residential units to be
constructed within the overall project site;
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 and the addition of ±10.08 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 on February 24, 1992 by Dennis Matherne on behalf of
the developer, GHA, Grand Harbor Ltd., 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 force and effect and shall be binding upon the
±10.08 acre site being added to the project.
4. The ±10.08 acre parcel described in Exhibit "A", attached, is
hereby added to the project and approved for retail
development. The updated legal description covering the
overall DRI site is hereby recognized to be the legal
description contained in Exhibit "B", attached.
5. The resort hotel development referenced on the project land
use map is hereby deleted. No hotel development is approved
for the project. In lieu of hotel development, residential
land use is increased by 8.8 acres and limited to 150 dwelling
units in the area previously approved for hotel use.
6. The previously approved 100,000 gross sq. ft. of retail
commercial development allowed in the project marina is hereby
allowed to remain in the marina area or to be transferred in
part or in whole to the project shopping center site located
between U.S. #1 and the Indian River Boulevard. The
7.
RESOLUTION 92-68
previously approved 165 dwelling units is allowed to remain in
the area known as the Harbor Center south of Pod B.
The following language is added to the "TRANSPORTATION"
section of the Development Order:
"TRANSPORTATION
A. The developer shall not receive building permits for any
portion of development of Grand Harbor after December 31,
1992, 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 annual conditions and Level of
Service D during peak season conditions (peak hour,
peak direction) for the subject transportation
network during the projected buildout of the
project including project impacts and growth in
background traffic.
B. The developer shall not receive building permits and/or
certificates of occupancy for the development of any portion
of Grand Harbor after July 31, 1993, 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 in Condition A., above.
C. The developer shall not receive building permits for the
development of any portion of Grand Harbor after March 31,
1993, until the traffic analysis identified in Condition A.,
above, has been approved by Indian River County, Treasure
Coast Regional Planning Council, the Department of Community
Affairs, and the Florida Department of Transportation.
D. Along with the traffic analysis, the developer shall submit an
updated, project -wide phasing and land use plan. The phasing
and land use plan must be approved and incorporated into the
development order in the same manner as the traffic analysis.
The foregoing resolution was offered by Commissioner
Bowman and the motion was seconded by Commissioner
Wheeler , and, upon being put to a vote, the vote was as
follows:
Chairman Carolyn K. Eggert Ayp
Vice Chairman Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Ayp
Commissioner Don C. Scurlock, Jr. ANLL'_
This Chairman thereupon declared the resolution duly passed and
adopted this 5 day of _ May , 1992.
RESOLUTION 92-68
HOARD OF COUNTY COMMISSIONERS
INDIAN IVER COLrNTY, FLORIDA
by f,2s� 9z—
Chairman olyn K. gert
Jeffs K. art n, County Clerk
APPROVED`AS TO'. -PLANNING MATTERS:
4M eating, AICP
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins, Deputy
County Attorney
\u\c\s\doord
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EXHIBIT "A"
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 ata point on a curve in the West
right-of-way line of Indian River Boulevard, said
point lying:North 89 50. 16" West 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 North 67
461 23" East 4135.04 feet through a central angle of
2 190380,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 13"31",
an are 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 sun North 0 01*15" East 84.73 feet to a point.
Then run North 89 43157" West 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 1 04150", an arc distance of 94.30 feet to
the Point of Beginning. Lying and being in Indian
River County, Florida.
AND
AA
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AND
PARC -EL Ul.-
AND
PARCEL• IV•
EXHIBIT "13,
LEGAL DESCRIPTION
Government Lots 1 and 20 Sectio P13; Township
32 Of saidover
hGnment Lot,
Rane 39 t1llying Morthtof'thert
following described line: From the sW corner
of said Se6fion:13, run -.North along the -Wast
line of Goveriiment.Lots? l and 2 in said Section
13, a distanice•:ef.2.025.96 feet to the Point -of
beginning; thencetrun East 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.
The East 1/2 of. -the SW -.1/4 of Section 24,
Tcwnship.32:South,.Ranga:39 East; said land
lying:, ands being-in:.Indian: River County,
Florida. AND:ALSOi Government Lots 1 and 2 of
Section.24,•Tovnship 32 South, Range 39 East,
said land.lying and being in Indian River
County, Florida.
The SE 2/4 of the NH 1/4 and the HE 1/4 Of the
SH 1/4 (lying East of V.S. 1) and the HW 1/4 of
the'SH 1/4 (lying East of V.S. 1), all in
Section 23, Township 32 South, Range 39 East,
Indian River County, Florida, EXCEPT the
right-of-way ditch, as described in official
Record Book 95, PS90 249, public Records of
Indian River County, Florida.
Parcel 1: The West 1/2 of the West 1/2 of
Section 24, Township 32 Soutl+, Range 39 East,
Indian River County, Florida.
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 33, 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 4e The East 1/2 of the southeast 1/4
Of Section 23, To"ship 32 South, Range 39
East, and the East 1/2 of the northwest 1/4 of
the southeast 1/4 of Section 23, Township 32
South, Rattge�, 39 East, Indian. River. County,
Florida,: ld'ss, andi except that. prop6rty, conveyed
to City. of! Vefo.; �dAchc in Off i cielil Record+ Hook
75.1, pagev:12d9T;r.public Itecorda 'df!�Zndian, 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.Secti0n.,23,. Township 32
South•,.. Ranga'391. East, Indian • Rive • county,
Florida.
P1rcel.7: The:South_ 1/2_of:.the%northwest. 1/4
ofth
jI- ell gnoorrt}�aRst_+1/4'of:sectioni2Township 32
Florida. rg4V39�East, Indian River County,
Parcel a: The southwest 1/4 of the northeast
1/4 of Section 23, Township 32 South, Range 39
East, Indian River County, Florida.
�1LY+
All of the Plat of River Club, according to the Plat thereof as recorded
In Plat Book 12, Page 64, Public Records of Indian River County, Florida
n�nCF.%_Vi_ Collm :neLl at the Northeast corner Of section 23,
Township 32 South, Range 39 East.
Indian
County, Florida. Thence run North e9i56"171ver
West along the North line of tW aforesa
Section 23 a distance of 2662.76,•feet to tdfie
quarter section line; thence run South 0
01'24" West -along the aforesaid quarter Section
I 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 South 0o 01124" West along the quarter
Section line a distance Of 331.67 feet; thence
run North 89 48101" Wast a distance of 439.66
feet to intersect with the East right-of-way
line of Indian.River Boulevard; thence run
' Northwest:.alonq.:the.East.right-of-way line of
Indian Rivers Boulavard: on a. curve: to . the- right
' ! with a chord'cbearing:of. North 31.15!13N -West
having arradius:of'3766.10`feet • with: a.•central
angle of 00"18113- and run an arc distance of
19.95 feet to a curve to the right having a
radius 1800.00 feet with a central angle of 11
f 07130" and run an arc a distance of 349.50
Leet; thence leaving the aforesaid East
right-of-way line of Indian River Boulevard run
South 89 49149" East a distance of 600.59
to the point of beginning. feet
ALND
SARCEL yT�
A parcel of land lying in ''part of the Southeast
the NSection -14 dpart-of 1
Northeast 2/4 ofSection23,All rin bel- of
Township 32 South, Range 39 East, Indian ?fiver
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 South 00 00'40" West along the
Section line, 47.14 feet; thence North 15
24102" West, 172.55 feet to a point in the
Southeast 1/4 Of said Section 14; thence North
00 00148" East, 293.84 feet; thence on a curve
to the right, having a central angle of 39
39'50" and a radius of 200.00 feet, run an arc
distance of 138.45, more or less, to a point on
the East line of said Section 14; thence
following the East line of said section 14, run
South 00 05148" West, 540.64 feet to the Point
Of Beginning.
AND
PARCEL•ylJUi 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: 1.
Commence at a
right- way line oft On Indiana River eIn the West
Boulevard, said
point lying. -North 89 50' 16" West 430.82 feet from
the Northeast corner of the Southwest quarter of the
Southeast quarter of Section 23, Township 32 South,
thegright,Eathe radius pointtofrwhicholies North 67
46' 23" East 4135.04 feet through a central angle of
2 19'38",an arc of 167.95 feet to a point of reverse
curvature, Then run on a curve to -the left with a
radius of
an 5000 feet and a central angle of 5 13131",
arc distance.of 455.99 feet to a point in the
East line of the.SouthwestLquarter..of the Northwest
quarter of the Southeast quarter of the
aforembntioned section, and a Point of Beginning.
Then run North 0 O1 1S East 84.73 feet to a
Then run North 89 43'57" West 40.87 feet to appoint
in the aforementioned curve, the West line of point
River Boulevard. Then run Southerly on a curvedian
the right with a radius of 5000 feet and a central
angle of 1 0415011, an arc distance of 94.30 feet to
the Point of Beginning. Lying and Laing in Indian
River COuntY, Florida.
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