HomeMy WebLinkAbout1989-031RESOLUTION NO. 89 - 31
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
TO THE STATE OF FLORIDA AND THE UNITED
STATES OF AMERICA URGING FUNDING FOR
LOCAL EXPENSES CAUSED BY IMMIGRATION
WHEREAS, the Treasure Coast area of Martin, St. Lucie,
Indian River and Okeechobee Counties and the municipalities
of Stuart, Ft. Pierce, Pt. St. Lucie, Vero Beach and
Okeechobee are experiencing a rapid influx of migrant farm
workers and political refugees from Central and South
American, Cuba and Haiti; and
WHEREAS, state and federal law permit entrance of these
workers into the Treasure Coast area; and
WHEREAS, federal policies on political asylum have
further encouraged the influx of immigrants into the
Treasure Coast area; and
WHEREAS, these overcrowded conditions, language
barriers and cultural differences make governmental
administration, policing and census taking impossible; and
WHEREAS, these large numbers of immigrants overtax the
local governmental, municipal, educational and
infrastructure capabilities and facilities; and
WHEREAS, the nine local governments of the treasure
coast area do not have the economic and/or legal means to
enforce compliance with local, state or federal standards;
and
WHEREAS, even if the economic means existed to
enforce compliance with local, state or federal standards,
there is not sufficient housing available for those people
that are displaced; and
WHEREAS, the Treasure Coast area is shouldering the
burden of accommodating federal and state policies in an
unfairly disproportionate manner relative to other areas of
the state and country;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
1. State and federal assistance is required and
requested to alleviate the problems caused by state and
federal policies on immigration.
2. This assistance should be in the form of financial
aid for housing and other infrastructure needs as well as
comprehensive state and federal enforcement of laws relating
to immigration, alien workers and employers of those
workers.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Eggert and, upon being put to a vote, the vote
was as follows:
RESOLUTION NO. 89 - 31
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert'
Aye
Y
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Y
The Chairman thereupon declared the resolution
and adopted this 21st day of March, 1989. and
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By /
Gary . Wheeler
Ch man
ATTLST*;% `;%''t;,
By``+:
1' a? t
erk
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Ind"RivaCa Approved pale
Admin. L� 3r23
Legal 3-2W
Budget
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Fisk Mgr.
RESOLUTION NO. 89-31 A
RESOLUTION ESTABLISHING THE DEVELOPMENT ORDER
APPROVING THE HARBOR TOWN CENTER DEVELOPMENT OF
REGIONAL IMPACT.
A Resolution of the County Commission of Indian River County,
Florida, making findings of fact and conclusions of law pertaining
to Harbor Town Center, 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, The Shopco Group 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, said Applicant proposes to construct 747,000 square
feet of gross leasable area of retail space and 64 residential
units, 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
WHEREAS, the County Commission as the governing body of
Indian River County having jurisdiction, pursuant to Chapter 380,
Florida Statutes, is authorized and empowered to consider Applica-
tions for Development Approval for Developments of Regional
Impact; and
WHEREAS, the County Commission on the 28th day of February,
1989, 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 County Commission has received and considered
the assessment report and recommendations of the Treasure Coast
Regional Planning Council; and
WHEREAS, the County Commission has made the following FIND-
INGS OF FACT and CONCLUSIONS OF LAW with regard to the Application
for Development Approval:
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FINDINGS OF FACT
1. The proposed Development is not in an area of critical
state concern designated pursuant to the provisions of Section
180 06, Florida Statutes;
2. The State of Florida has not adopted a land development
plan applicable to the area in which the proposed Development is
to be located;
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;
4. The proposed Development is consistent with the local
comprehensive plan, zoning and development laws and regulations of
Indian River County.
CONCLUSIONS OF LAW
NOW, THEREFORE BE IT RESOLVED BY THE COUNTY COMMISSION OF
INDIAN RIVER COUNTY, FLORIDA, in public meeting, duly constituted
and assembled this 28th day of March, 1989, that the Development
of Regional Impact Application for Development Approval submitted
by The Shopco Group is hereby APPROVED, subject to the following
conditions, restrictions, and limitations:
APPLICATION OF DEVELOPMENT APPROVAL
1. The Harbor Town Center Application for Development Approval
is incorporated herein by reference. It is relied upon, but
not to the exclusion of other available information, by the
parties in discharging their statutory duties under Chapter
380, Florida Statutes. Substantial compliance with the
representations contained in the Application for Development
Approval, 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 (ADA) dated Septem-
ber 2, 1988;
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physical development of either:
a. a minimum of two thousand five hundred (2,500)
square feet of gross building area within the area
of the commercial outparcels or the residential
site(s) (as referenced in the ADA), notwithstanding
other conditions specified within the development
order; or
b. a minimum of three hundred twenty thousand
(320,000) square feet of regional commercial
facility (mall) gross building area, notwith-
standing other conditions specified within the
development order;
within three (3) years of the effective date of the
Development Order, development approval shall terminate
and the development shall be subject to further develop-
ment -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 construction phase. For the purposes of this
paragraph, significant physical development shall be
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RESOLUTION NO. 89 -
deemed to have commenced after placement of permanent
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evidence of a structure (other than a mobile home) on
the subject site (s) such as the pouring of slabs or
footings or any work beyond the stage of excavation,
land clearing, or earthwork.
b.
Commercial Outparcels and Residential Development Site(s)
1. Development of the residential site(s) and the commer-
cial outparcels (as referenced in the ADA) which are
located entirely within the area described in Exhibit
"A-2" may commence and proceed once all necessary
development plan approvals and
permits are obtained.
2. No site plan(s) shall be released and no building permit
shall be issued for the development of the commercial
outparcels (as referenced in the ADA) which are located
outside of the area described in Exhibit "A-2" until the
developer completes (as determined by the county build-
ing department) at least fifty percent (50%) of the
structural foundation elements (at, above, and below
grade) necessary for the construction at least three
hundred twenty thousand (320,000) square feet of
regional commercial facility (mall) gross building area.
C. Regional Commercial Facility (Mall)
1. In the event the developer fails to commence significant
physical development of at least three hundred twenty
thousand (320,000) square feet of regional commercial
facility (mall) gross building area, on or before
December 31, 1993, 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
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RESOLUTION NO. 89 -
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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 purposes 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 work beyond the stage of excavation,
land clearing, or earthwork.
2.
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
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date as noticed by the developer to the Treasure Coast
Regional Planning Council and Indian River County
(reference c.l., 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.
3.
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 c.l., 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 with the
prescribed deadlines, then, after at least 10 calendar
days notice to the developer, the County may,
upon
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RESOLUTION NO. 89
hearing, revoke the mall site plan approval. For
purposes of this paragraph, "complete shell construc-
tion" is defined as completion of the building founda-
tion, roofing, and exterior walls as depicted within the
Or -approved
building permit plans, as verified by the
county building department upon inspection of the
building site.
4.
With respect to paragraphs 2.c.2 and 2.c.3 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.c.2 and 2.c.3 of this Development Order by reasons of
strikes, lockouts or labor troubles; inability to
procure 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 reason of a similar nature beyond the
reasonable control of the developer in performing work
or doing acts specified under the terms of conditions
2.c.2 and 2.c.3 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.c.2 and 2.c.3 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
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(including the duration of both the actual delay
and any
consequential delays resulting therefrom).
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3. COMPLETION OF CONSTRUCTION
f
{ The estimated date of completion of the entire project
covering the subject site as described inExhibit "A" (at-
tached) is on or before December 31, 1996. The developer
shall update the estimated completion date within every
annual report and shall state the reasons for any changes
made.
TERMINATION DATE
4. This Development Order shall terminate on
2009.
5. TRANSFER OF APPROVAL
i
Notice of transfer of all or a portion of the subject pro-
perty shall be filed with the Indian River County Board of
County Commissioners. Prior to transfer, the transferee
shall assume in writing on a form acceptable to the County
Attorney, any and all applicable commitments, responsibili-
ties, and obligations pursuant to the Development Order. The
intent of this provision is to ensure that subsequent pro-
perty transfers do not jeopardize the unified control,
responsibilities, and obligations required of the project as
a whole.
AESTHETICS AND LANDSCAPING
6. The following requirements shall be incorporated into the
site plans of Harbor Town Center and related outparcel and
residential developments. This condition requires the
developer to exceed the minimum landscape standards required
by the Indian River County development code in effect at the
time of the effective date of the Development Order.
a. Perimeter Landscape Buffer Strips*
The following buffer strips shall be established as
follows:
U.S. #1 25 feet
(minimum)
53rd Street 25 feet (minimum)
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7. Clearing of specific building sites shall not commence until
the developer is ready to build the building or buildings to
be located in that site unless seeding and mulching of
disturbed areas are undertaken within 30 days of completion
of clearing work. Such stipulations shall be included on any
and all county land clearing permits for clearing on the
entire subject site.
8. During land clearing and site preparation, wetting operations
or other soil treatment techniques appropriate for control-
ling unconfined emissions, including seeding and mulching of
disturbed areas, shall be undertaken and implemented by the
developer to the satisfaction of Indian River County and the
Florida Department of Environmental Regulation. These issues
shall be addressed by the developer in any and all county
land clearing permit applications.
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RESOLUTION NO. 89 -
North Relief Canal 10 feet (minimum)
East Property Line 30 feet (minimum)
*NOTE: "buffer strips" as defined in the County zoning
code, section 2.0.
b.
Parking Area Interior Landscaping
At a minimum, eight percent (88) of the total paved
parking and driveway area shall be designated and
improved as interior parking landscaped area (as des-
cribed in the County landscape ordinance).
C.
Plant Material Size At Time of Installation
The project's total tree requirement shall meet or
exceed the following tree sizes at the time of installa-
tion:
° 34 percent shall be at least 8 feet in overall height
° 33 percent shall be at least 10 feet in overall height
° 33 percent shall be at least 12 feet in overall height
d.
All healthy hardwoods found within the bufferyards
described in paragraph "a." above shall be preserved.
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7. Clearing of specific building sites shall not commence until
the developer is ready to build the building or buildings to
be located in that site unless seeding and mulching of
disturbed areas are undertaken within 30 days of completion
of clearing work. Such stipulations shall be included on any
and all county land clearing permits for clearing on the
entire subject site.
8. During land clearing and site preparation, wetting operations
or other soil treatment techniques appropriate for control-
ling unconfined emissions, including seeding and mulching of
disturbed areas, shall be undertaken and implemented by the
developer to the satisfaction of Indian River County and the
Florida Department of Environmental Regulation. These issues
shall be addressed by the developer in any and all county
land clearing permit applications.
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RESOLUTION NO. 89 -
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x HISTORIC AND ARCHEOLOGICAL SITES
9.
In the event of discovery of any archeological artifacts
a
s during project construction, the developer shall stop con-
struction in that area and immediately notify Indian River
County and the Division of Historical Resources in the
Florida Department of State. Proper protection, to the
satisfaction of the Division, shall be provided by the
developer.
HABITAT, VEGETATION, AND WILDLIFE
10. Prior to obtaining a certificate of occupancy for any struc-
ture located on the project site, the developer shall remove
all Brazilian pepper which occurs on site, and replace it
with native plants adapted to existing soil and climatic
conditions. Removal of the Brazilian pepper shall be in such
a manner that avoids the dispersal of its seeds; prevents
damage to the roots, stems, or branches of existing native
vegetation; and does not cause soil erosion to the spoil bank
of the North Relief Canal. Where Brazilian pepper is removed
from the south spoil bank of the North Relief Canal, the
developer shall establish native vegetation indigenous to the
area. Where Brazilian pepper is removed from the borders of
the property delineated as remnant hardwood forest on Map F
of the Harbor Town Center Application for Development Ap-
proval, the developer shall plant native shrubs and ground
cover. The species of plants to be used shall be approved by
the Treasure Coast Regional Planning Council and Indian River
County prior to any revegetation efforts and prior to the
release of any site plan. There shall be no planting of
Brazilian pepper, Melaleuca, or Australian pine on the
project site, and the developer shall maintain the site free
of these species in perpetuity.
DRAINAGE
11. The stormwater management system serving Harbor Town Center
shall be designed and constructed to retain or detain with
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RESOLUTION NO. 89
filtration, as a minimum, the first one inch of runoff or the
{ runoff from a one-hour, three-year storm event, whichever is
greater. Required retention/detention volumes may be accom-
modated in a combination of exfiltration trenches, vegetated
swales, dry retention areas, lakes, or other suitable re-
tention structures. Under no circumstances shall post -
development runoff volumes exceed predevelopment runoff
volumes, nor shall stormwater be discharged from the site
into the North Relief Canal, for a storm event of three-day
duration and 25 -year return frequency.
12. Stormwater discharge from the site shall at a minimum meet
State water quality standards for the receiving waters as
determined by St. Johns River Water Management District
Policies and Guidelines based on final design of the system.
Final design of the surface water management system shall be
subject to review and permitting by St. Johns River Water
Management District and Indian River County Public Works
Department. To ensure that the drainage system employed
produces water meeting these criteria, the following steps
shall be taken:
a. A monitoring program shall be designed that meets the
approval of Treasure Coast Regional Planning Council,
St. John's River Water Management District, Florida
Department of Environmental Regulation, and Indian River
County;
b. The monitoring system shall be functional before any
certificate of occupancy is issued for the development;
and
C. Should the monitoring reveal that water quality stan-
dards are not being met, the system shall be modified to
the extent necessary to produce water that does meet the
criteria.
d. The results of the monitoring programs shall be included
in each and every annual report.
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RESOLUTION NO. 89OR -
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13. To reduce the possibility of clogging any exfiltration
trenches and to improve water quality, the following best
management practices shall be followed:
a. All curbed areas within the boundaries of the develop-
ment shall be swept daily. All other parking and road
surfaces shall be swept as necessary, but in no case
less frequently than once per week. Sweeping shall be
accomplished by vacuum type or vacuum regenerative type
sweepers. Sweepers shall be equipped with speed gover-
nors which will limit operating speed to no more than
five miles per hour.
b. The use of parking stops or bumps, which helps to
control traffic flow and helps produce safer driving
conditions, but which also may collect and concentrate
contaminants, or which may interfere with efficient
sweeping of the parking area, shall be addressed by the
county prior to site plan approval.
14. In order to reduce the potential for salt water intrusion,
the stormwater management system shall be designed so that
there is no net decrease in the pre -development wet season
water table and no net decrease in the volume of ground water
stored on the site.
15. Because it is anticipated that the 53rd Street right-of-way
will not be able to handle additional stormwater run-off, the
site drainage system shall be designed to handle stormwater
run-off from the 53rd Street site -related widening along the
project boundary.
WATER SUPPLY: POTABLE AND NONPOTABLE WATER
16. The primary source of irrigation water shall be treated
wastewater effluent at such time as this source is made
available for use. Should treated wastewater be unavailable
or a supplemental source for irrigation be needed, existing
or created surface waters (i.e. lakes or canals) shall be
used to the maximum extent available. On-site wells or
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uucty Ae usea tor irrigation only after
the developer has demonstrated to the satisfaction of the
Treasure Coast Regional Planning Council, St. John's River
Water Management District and Indian River County that
preferred sources of water are unavailable and that the
proposed source will not adversely affect ground water
quality.
17. To the maximum extent possible, xeriscape landscaping shall
be used on the project site. As a minimum, 30 percent of all
landscaping shall be accomplished with native vegetation
only. As a minimum, 50 percent of all trees shall be native.
Native species used shall be those adapted to soil and
rainfall conditions occurring on site. The use of soil
improvement techniques to increase water absorption and the
holding capacity of the soil, mulches to minimize evapo-
ration, and the most water conservative irrigation systems
available (tensiometers, drip irrigation and low angle
irrigation heads, etc.) shall be employed in an effort to
minimize irrigation demand and waste.
18. On-site wells to the Floridan Aquifer shall be capped or
abandoned prior to the commencement of any site work at
Harbor Town Center unless St. John's River Water Management
District approves the use of the wells for irrigation or for
fire protection.
19. Prior to site plan release and the issuance of any building
permits for Harbor Town Center, the developer shall provide
evidence from the Indian River County Department of utility
Services to the Indian River County Planning Department that
adequate potable water capacity and service/distribution
infrastructure will be available to serve the project. As a
condition to obtaining potable water service, the developer
shall pay water impact fees chargeable at the time service is
requested and shall further pay for line extensions, as
required, subject to impact fee credits and refundable
advance agreements as may be applicable.
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RESOLUTION NO. 89 -
20. 'Water -saving plumbing devices shall be used to the maximum
extent feasible in all residential and nonresidential con-
struction to reduce water consumption and waste.
WASTEWATER
21. Prior to site plan release and the issuance of any building
permits for Harbor Town Center, the developer shall provide
evidence from the Indian River County Department -of Utility
Services to the Indian River County Planning Department that
adequate wastewater capacity, service/distribution and
collection infrastructure, and adequate provisions for
effluent disposal, will be available to collect, treat and
dispose of the wastewater generated by this development. As
a condition to obtaining wastewater treatment service the
developer shall pay water impact fees chargeable at the time
service is requested and shall further pay for line exten-
sions, and any other needed infrastructure improvements, as
required, subject to impact fee credits and refundable
advance agreements as may be applicable.
SOLID WASTE
22. As part of any site plan application for any portion of the
project, the developer shall submit a solid waste recycling
plan approvable by the County Department of Utility Services.
HAZARDOUS MATERIALS AND WASTE
23. Prior to site plan release and issuance of any building
Permits for Harbor Town Center, the developer shall prepare
or cause to have prepared a hazardous materials management
plan which shall be reviewed and approved by Treasure Coast
Regional Planning Council in consultation with Indian River
County, St. John's River Water Management District, and
Florida Department of Environmental Regulation. The plan
shall:
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24. All site plans and layout for Harbor Town Center must be in
accordance with the requirements of any existing Indian River
County wellfield protection ordinance er proposed ordinance.
All plan approvals shall note specifically what development
will take place in areas within the zone of influence of any
existing (as of the effective date of this development order)
on-site well or municipal wellfield in the area.
EDUCATION
25. Prior to site plan release and issuance of any building
permits for the residential portion of the Harbor Town Center
project, the developer shall provide the County and Treasure
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RESOLUTION NO. 89 -
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a.requ
ire disclosure by all owners or tenants of nonres'-
idential property of all hazardous materials proposed to
be stored, used, or generated on the premises;
b.
require the inspection of all business premises storing,
using, or generating hazardous materials prior to
commencement of operation, and periodically thereafter,
to assure that proper facilities and procedures are in
place to properly manage hazardous materials projected
to occur;
C.
provide minimum standards and procedures for storage,
prevention of spills, containment of spills, and trans-
fer and disposal of such materials;
d.
provide for proper maintenance, operation, and monitor-
ing of hazardous materials management systems including
spill and hazardous materials containment systems;
e.
detail actions and procedures to be followed in case of
spills or other accidents involving hazardous materials;
and
f.
guarantee financial and physical respon_5i§j11ty for
spill clean-up.
The
annual report shall update and address all inspections
and
all other issues covered in the approved hazardous
materials
management plan.
24. All site plans and layout for Harbor Town Center must be in
accordance with the requirements of any existing Indian River
County wellfield protection ordinance er proposed ordinance.
All plan approvals shall note specifically what development
will take place in areas within the zone of influence of any
existing (as of the effective date of this development order)
on-site well or municipal wellfield in the area.
EDUCATION
25. Prior to site plan release and issuance of any building
permits for the residential portion of the Harbor Town Center
project, the developer shall provide the County and Treasure
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Coast Regional Planning Council with written confirmation
from the Indian River County School Board stating that the
impact of the development upon the educational facilities of
the County has been addressed and that services can be
provided at adequate levels.
POLICE AND PUBLIC SAFETY
26. a. Prior to construction on site, the developer shall
certify to the County planning department that a con-
struction security system is in place prior to commence-
ment of construction. At a minimum, the security system
shall include continuous patrolling and other measures
such as fencing and lighting.
b. Prior to site plan release and issuance of any building
permits for any portion of the Harbor Town Center
project, the developer shall provide the County and
T.C.R.P.C. with written confirmation that the County
Sheriff's Department has sufficient manpower and equip-
ment to serve the project at adequate service levels.
C. Prior to the issuance of a certificate of occupancy for
any portion of the project, the developer shall certify
to the County planning department that all security
measures and commitments referenced in Section 29 of the
ADA are in place and will be operational concurrent with
the operation of the project.
FIRE PROTECTION
27• a. Any site plan application for any portion of the region-
al commercial facility (mall) shall include construction
plans and/or plans for the provision of water storage
capacity necessary to the project for fire protection;
said plans must be approvable by the County Department
Of Utility Services. The water storage capacity shall
be a minimum of 250,000 gallons or more if deemed
necessary by the County Department of Utility Services
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for adequate fire flow, and shall be available, useable,
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and operational as part of the fire protection system of
the regional commercial facility prior to the issuance
of a certificate of occupancy for any portion of the
regional commercial facility.
b. Prior to site plan release and issuance of any building
permits for any portion of the Harbor Town Center
project, the developer shall provide the County and
Treasure Coast Regional Planning Council with written
confirmation from the South County Fire District that
the district has sufficient manpower and equipment to
serve the project at adequate service levels.
ENERGY
28. Prior to County approval of any final site plan and building
design plans, the developer shall certify to the County and
the Treasure Coast Regional Planning Council that the de-
signs: 1) incorporate those energy conservation measures
identified on page 25-4 of the Harbor Town Center Development
of Regional Impact Application for Development Approval; 2)
'i- comply with the Florida Thermal Efficiency Code Part VII,
Chapter 553, Florida Statutes; and 3) to the maximum extent
feasible, incorporate measures identified in the Treasure
Coast Regional Planning Council's Regional Energy Plan dated
May, 1979, and the Treasure Coast Regional Planning Council's
Regional Comprehensive Policy Plan. As a minimum, the
developer's certification shall demonstrate that incorpora-
tion of energy conservation measures already committed to and
those measures to be incorporated by the requirement of
Condition 29 below has reduced projected energy demand by 20
percent below that demand which would have occurred without
incorporation of the measures.
29. The developer shall incorporate into the project design each
of the 17 energy saving methods outlined in the ENERGY
section discussion of the Treasure Coast Regional Planning
Council's Assessment Report for the Harbor Town Center
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RESOLUTION NO. 89
Y' Development of Regional Impact (Exhibit "B", attached),
unless it can be demonstrated by the developer in the certi-
fication referenced in Condition 28 above, to the satisfac-
tion of the County and the Treasure Coast Regional Planning
Council, that individually each method that is not to be used
is not cost effective.
TRANSPORTATION
30. No site plan shall be released and no building permits for
any portion of the Harbor Town Center project shall be issued
until the right-of-way along U.S. 1 and 53rd Street owned by
the Shopco Group has been dedicated free and clear of all
liens and encumbrances to Indian River County as necessary
and consistent with the Indian River County Thoroughfare Plan
for U.S. 1, 53rd Street, and intersections thereof. The
amount of right-of-way to be dedicated may exceed amounts
required in the Thoroughfare Plan if additional right-of-way
is needed to adequately accommodate all recommended and
required road improvements, including improvements recom-
mended in Section 31-F of the ADA.
31. No site plan shall be released and no building permits shall
be issued for any portion of the Harbor Town Center project
until contracts have been let by the County for the following
roadway improvements:
a. four -lane Indian River Boulevard from S.R. 60 to 53rd
Street; and
b. four -lane 53rd Street from U.S. 1 to Indian River
Boulevard.
No certificates of occupancy shall be issued for any portion
of the Harbor Town Center project until the roadway improve-
ments under a and b above have been completed, as certified
by the Indian River County public works director.
32. No site plan shall be released and no building permits shall
be issued for any portion of the Harbor Town Center project
until contracts have been let by the County for the following
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RESOLUTION NO. 89 -
}
intersection improvements, including
traffic signal installa-
tion and/or modifications as warranted by City, County, or
State criteria:
a. U.S. 1/49th Street
Eastbound
one right -turn lane
b. U.S. 1/53rd Street
signalization warrant analysis;
and
Northbound
Southbound
one right -turn lane
second left -turn lane
Eastbound
Westbound
one left -turn lane
one left -turn lane
one right -turn lane
C. U.S. 1/C.R. 510
Westbound
one left -turn lane
d. U.S. #1/West Site Entrance
Northbound
Southbound
one right -turn lane
one left -turn lane
e. Indian River Boulevard/Royal Palm Boulevard
1. Royal Palm one-way pair
Southbound
Westbound
one left -turn lane
restripe to provide:
one left -turn lane
one through lane
one right -turn lane
2. OR AS AN ALTERNATIVE
Southbound
Westbound
two left -turn lanes
restripe to provide:
one left -turn lane
one through lane
Eastbound
one right -turn lane
Add eastbound lane on eastern
leg to accommodate dual south-
bound left -turns
-18-
31 ?i
RESOLUTION NO. 89 -
f,� f: Indian River Boulevard/37th Street
Northbound
Southbound
two through lanes one through lane
t
one right -turn/
through lane
Eastbound
one left -turn lane
9. Indian River Boulevard/53rd Street
signalization; and
Northbound Southbound
one right-turn/through lane one right -turn/
through lane
two left -turn lanes one left -turn/
through lane
Eastbound Westbound
one continuous right- one right -turn/
turn lane through/left-
one left -turn lane turn lane
All above configurations shall be permitted and constructed
in accordance with City, County, and State criteria.
No certificates of occupancy shall be issued for any portion
of the Harbor Town Center project until the intersection
improvements under a, b, c, d, e, f, and g above have been
completed, as certified by the Indian River County public
works director.
33. The following intersections will be monitored for signaliza-
tion and/or signing and pavement marking modifications:
U.S. 1/41st Street
U.S. 1/Site Entrance
U.S. 1/53rd Street
Old Dixie Highway/41st Street
Old Dixie Highway/45th Street
S.R. AIA/C.R. 510
43rd Avenue/45th Street
Kings Highway/45th Street
Kings Highway/49th Street
Old Dixie Highway/ 49th Street
The monitoring of these intersections listed for improvements
shall be conducted on an annual basis through project build-
out. Should signalization or signing and pavement marking
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RESOLUTION NO. 89 -
modification(s) be warranted to maintain acceptable levels of
service, all intersection improvement configurations shall be
permitted and constructed in accordance with City, County,
and State criteria prior to any further issuance of certi-
ficates of occupancy for any portion of the Harbor Town
Center project.
Monitoring results shall be included in each and every annual
report.
34. As a minimum the developer shall pay a fair share contri-
bution consistent with the road impact fee ordinance of
Indian River County.
35. No additional site plan shall be released and no additional
building permits shall be issued after December 31, 1993,
unless a traffic study has been conducted by the developer,
submitted to and approved by Indian River County, Florida
Department of Transportation, and Treasure Coast Regional
Planning Council in consultation with the City of Vero Beach.
The study shall demonstrate that the regional roadway network
can accommodate additional Harbor Town Center project gen-
erated traffic (as specified in the study) in conjunction
with the growth in background traffic beyond 1993 and can
still be maintained at Level of Service C during average
annual daily traffic conditions and Level of Service D during
peak hour, peak season conditions. The traffic study shall:
a. be conducted in 1993; and
b. identify the improvements and timing of those improve-
ments necessary to provide Level of Service C under
average annual daily conditions and Level of Service D
under peak hour, peak season operating conditions for
the subject transportation network during the projected
completion of the project, including project impacts and
growth in background traffic.
No additional site plan shall be released and no additional
building permits shall be issued for the remainder of the
development until a new project phasing program and roadway
-20-
BE IT FURTHER RESOLVED BY THE COUNTY COMMISSION OF INDIAN
RIVER COUNTY, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved plans
or requirements of this Development Order shall be submitted to
the Planning Director for a determination by the County Commission
of Indian River County as to whether the change constitutes a
substantial deviation as provided in Section 380.06(19), Florida
Statues. The County Commission of Indian River County shall make
its determination of substantial deviation at a public hearing
after notice to the developer.
2. Indian River County shall monitor the development of the
project to ensure compliance with this Development Order. The
Indian River County Planning Director shall be the local official
assigned the responsibility for monitoring the development and
enforcing the terms of the Development Order. The planning
director may require periodic reports of the developer with regard
to any item set forth in this Development Order.
3. The developer shall make an annual report as required by
Section 380.06(18), Florida Statutes. The annual report shall be
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1 a
t t
r p
t
RESOLUTION NO. 89 -
'
im rovement
p program necessary to maintain acceptable levels
of service has been submitted to and approved by, Indian
x
River County, Florida Department of Transportation, and
Treasure Coast Regional Planning Council in consultation with
the City of Vero Beach.
ECONOMY AND FISCAL IMPACT
36.
Any school, police protection, fire protection, library
service, recreation, or any other impact fee(s) that may be
subsequently adopted by the County may be applied to the
Harbor Town Center project. The developer may apply for
credits (for relevant dedications or improvements) against
I,
any such future impact fees, as provided for by subsequent
impact fee ordinances.
BE IT FURTHER RESOLVED BY THE COUNTY COMMISSION OF INDIAN
RIVER COUNTY, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved plans
or requirements of this Development Order shall be submitted to
the Planning Director for a determination by the County Commission
of Indian River County as to whether the change constitutes a
substantial deviation as provided in Section 380.06(19), Florida
Statues. The County Commission of Indian River County shall make
its determination of substantial deviation at a public hearing
after notice to the developer.
2. Indian River County shall monitor the development of the
project to ensure compliance with this Development Order. The
Indian River County Planning Director shall be the local official
assigned the responsibility for monitoring the development and
enforcing the terms of the Development Order. The planning
director may require periodic reports of the developer with regard
to any item set forth in this Development Order.
3. The developer shall make an annual report as required by
Section 380.06(18), Florida Statutes. The annual report shall be
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RESOLUTION NO. 89 -
submitted each year on the anniversary date of the adoption of the
t
%DevelopmentOrder and shall include the following:
a.. Any changes in the plan of development, or in the
representations contained in the Application for Development
Approval, or in the phasing for the reporting year and for the
next year;
b. A summary comparison of development activity
proposed and actually conducted for the year and for the project
as a total (using standard measurements such as number of dwelling
units, square footage by land use);
C. Tracts of land that have been sold, transferred, or
leased to a successor developer, along with transfer of approval
documents approved by the County;
d. Identification and intended use of lands purchased,
leased, or optioned by the developer adjacent to the original site
i
since the Development Order was issued;
Le. An assessment of the developer's and local govern-
ment's compliance with the conditions of approval contained in
this Development order and the commitments specified in the
Application for Development Approval and summarized in the
Regional Planning Council Assessment Report for the development
undertaken. Specifically, the annual report shall include:
1, the status of each development order condition
(e.g. satisfied, not yet satisfied, contract
let, under construction, continuous
obligation);
2, location and description of all land clearing
and activities involving preservation of
vegetation;
3. description of method of handling stormwater
run-off and avoiding soil erosion during
construction;
4, results of drainage monitoring program in
accordance with Condition 12;
-22-
♦ l
fii n 4� i
r
11. update any proposed modification to the
projected date(s) for construction completion
or update of proposed phasing.
f. Any request for a substantial deviation determi-
nation 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 govern-
ment 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, and
Florida Department of Community Affairs, the Florida Department of
Natural Resources, and such additional parties as may be appro-
priate 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
I -23-
1
RESOLUTION NO. 89 -
{�
5.
method of irrigation being used on-site and
4
status of every "original" on-site well;
6.
current consumption of potable water, irriga-
u
tion water, and fire main flow;
7.
current wastewater and solid waste generation
levels;
8.
current fire flow needs;
9.
updated and current information on use and
disposal of hazardous materials and waste in
accordance with Condition 23;
10.
results of the intersection monitoring program
in accordance with Condition 33; and
11. update any proposed modification to the
projected date(s) for construction completion
or update of proposed phasing.
f. Any request for a substantial deviation determi-
nation 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 govern-
ment 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, and
Florida Department of Community Affairs, the Florida Department of
Natural Resources, and such additional parties as may be appro-
priate 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
I -23-
1
33 4
Frj
RESOLUTION NO. 89 -
k. Any other information requested by the County
rr z
Commission of Indian River County or the planning director to be
included in the annual report.
4 The definitions found in Chapter 380, Florida Statues,
shall apply to this Development Order.
5. Indian River County hereby agrees that prior to December
31, 1993 the Harbor Town Center Development of Regional Impact
shall not be subject to down zoning, unit density reduction, or
intensity reduction, except as outlined in Condition 2 of this
Development Order, or unless the County demonstrates that substan-
tial 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.,
6. This Development Order shall be binding upon the devel-
oper and its assignees or successors in interest. It is under-
stood that any reference herein to any governmental agency shall
be construed to mean 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 referenced
government agency in existence on the effective date of this
Development Order.
7. The approval granted by this Development Order is
conditional and shall not be construed to obviate the duty of the
developer to comply with all other applicable local, State, and
federal permitting requirements.
B. In the event that any portion or section of this Devel-
opment Order is deemed to be invalid, illegal, or unconstitutional
by a court of competent jurisdiction, such decision shall in no
manner affect the remaining portions or sections of this Develop-
ment Order, which shall remain in full force and effect.
9. In accordance with Florida Statute Section 380.06(5)(c),
-24-
ATTEST��;;
t
r on
ou
APPtQVED A$ TOr' LEGAL FORM
AND ----SUFFICIENCY
>
Pie.:.
William G Collins
Assistant County Attorney
Dev Ord
STAN4
-25-
APPROVED AS TO PLANNING MATTERS:
Robert M. Keatin , AI
Community Develo ment �irect`®r
InM Rivn Ca r A901u.a T Dwe
Admin.
Legal w c
Budget
Dept. A.AlV
Risk Mgr,
r:
EXHIBIT "B"
rkNERGY
The project will increase the Region's dependence on
imported energy sources.
Policy
Energy consumption is a regional concern as it relates to
electrical generation and to vehicle operation for trans-
portation. The Regional Comprehensive Policy Plan (RCPP)
provides policy direction that encourages the Region to use
energy more efficiently and to diversify energy sources to
decrease the Region's vulnerability to fuel price increases
and supply interruptions. Policy also calls for decreasing
the dependency of the Region on imported energy sources by
increasing the amount of energy produced locally.
specific policies include:
I
1.
Where comprehensive cost/benefit analyses indicate that
use of specific renewable and regionally "available
energy sources (e.g., solar facilities and solid waste
resource recovery systems) would be appropriate and
consistent with regional interest, use
of such sources
should be required.
I2.
Incentive programs shall be developed and implemented
throughout the Region which encourage use of regionally
available
energy sources such as the sun and waste
heat.
3.
Energy conservation standards shall be developed and
implemented during project reviews. Compliance with
adopted standards as contained in building and energy
codes shall be enforced.
4.
Incentive programs should be developed which encourage
energy-efficient architectural design, use of alterna-
tive energy sources,
and energy conservation
techniques.
I
The
RCPP also contains policies that emphasize energy
conservation
with regard to transportation. The Region's
goal
efficient
in this endeavor is to provide for the safe and
`
and
movement of people and goods at a reasonable cost
at a minimal detriment to the environment.
35
1. During the planning of transportation system
improvements, priority consideration should be given to
providing incentives for use of high occupancy vehicles
and alternative modes of transportation (e.g., car
Pools, van pools, buses, bicycles, etc.).
2. All new development or redevelopment should provide
transit ridership amenities (shelters, route informa-
tion, and schedules) and appropriate and effective
incentives whenever transit use is assumed or required
to maintain acceptable roadway'levels of service.
3. Requirement should be included within local development
regulations for the provision of bicycle and pedestrian
walkway facilities as a means of travel within and
between residential areas, schools, employment and
retail centers, recreational areas, and other public
facilities. All new development or redevelopment
should provide an internal pedestrian system and
provide interconnection to adjacent uses.
Discussion
At buildout Harbor Town Center is projected to require an
average daily demand of 56,450 kilowatt hours of
electricity. Florida Power and Light Company will supply
Harbor Town Center with electrical power.
The impact of the project on off-site energy consumption '
will primarily be attributed to traffic generation.
Traffic generation is discussed in detail in the
TRANSPORTATION section. Maintenance of an acceptable level 1
of service on the surrounding roadways will contribute to 1
more efficient energy use for transportation.
Indirect costs are associated with the use of irrigation, )
fertilizers, and pesticides needed to maintain landscaped
areas. By landscaping with native plant species that are
approprdroughtsate for and disease, siteconditions and energy whichu e can bestant reduced
Energy costs can be reduced also by using vegetation to
shade parking lots and buildings. Use of native vegetation
is discussed in the WATER SUPPLY section.
As energy consumption continues to increase in the Region,
more consideration should be given to alternative and J
locally derived energy sources. More consideration should
be given to site design and energy saving devices and
features that reduce energy consumption. The following
energy saving methods are easily incorporated into most site
plans and building designs. �s
'I
36 � I
1. Use computerized load management where cost effective
and economically feasible.
2. Preserve native vegetation and topography in order to
retain their natural energy conserving benefits.
3. Promote car pooling and van pooling through incentives
such as priority parking areas.
4. Encourage incentives to nonautomotive travel such as
-provision of sheltered bus stops, bicycle locking
facilities, shaded pathways, and protected crossings.
5. Participate in a systematic approach to the development
of walkway and bicycle path networks with the local
government that will result in safe, convenient links
between home, work, shopping, recreation, and -schools.
6. Use energy-efficient features in window design (e.g.,
tinting and exterior shading).
7. Use operable windows and ceiling fans.
S. Install energy-efficient appliances and equipment.
9. Reduce coverage by asphalt, concrete, rock, and similar
substances in streets, parking lots, and other areas to
reduce local air temperatures and reflected light and
heat.
10. Install energy-efficient lighting for streets, parking
areas, recreation areas, and other interior and
exterior public areas.
li. Use water closets with a maximum flush of 3.5 gallons
and shower heads and faucets with a maximum flow rate
of 3.0 gallons per minute (at 60 pounds of pressure per
square inch) as specified in the Water conservation
Act, Section 553.14, Florida Statutes.
12. Select native plants, trees, and other vegetation and
landscape design features that reduce requirements for
water, fertilizer, maintenance, and other needs.
13. Plant native shade trees to provide reasonable shade
for all recreation areas, streets, and parking areas.
14. Place trees to provide needed shade in the warmer
months while not overly reducing the benefits of sun-
light in the cooler months. (Shade in the summer
should receive primary consideration.)
15. orient structures, as possible, to reduce solar heat
gain by walls and windows and to utilize the natural
37
cooling effects of the wind. (A general east -west
orientation will usually expose the smallest area to
the strong morning and afternoon sun, as will reduced
glass area on the east and west sides of buildings,
especially buildings over three stories in height.)
16. Provide structural shading (e.g., trellises, awnings,
and roof overhangs) wherever practical when natural
shading cannot be used effectively.
17. Use solar hot water heating
energy systems. systems or photovoltaic
Recommendation
In order to partially mitigate the adverse impact of
increasing the Region's dependence on imported energy
_ sources, the following conditions should be incorporated
into the Development Order:
1• In the final site and building design plans, the
developer shall: 1) incorporate those energy conserva-
tion measures identified on page 25-4 of the Harbor
Town Center Development of Regional Impact Application
for Development Approval; 2) comply with the Florida
Thermal Efficiency Code Part VII, Chapter 553, Florida
Statutes; and 3) to the maximum extent feasible,
incorporate measures identified -in the Treasure Coast
Regional Planning Council's Reaionai ;ne;:oy Plan
May, 1979, and the Treasure Coast Regional Planning
Council's Regional Comprehensive Policy Plan. As a
minimum, the developer shall demonstrate that
incorporation of energy conservation measures already
themlrtted to and osmeasures 0 incorporated
equirem nt of Condition 2below has
projected projected energy demand by 20 percent below that demand
which would have occurred without incorporation dd the
measures.
2• The developer shall incorporate each of the 17 energy
saving methods outlined in the ENERGY section discus-
sion of the Treasure Coast Regional Planning Council's
Assessment Report for the Harbor Town Center
Development of Regional Impact unless it can be
demonstrated to the satisfaction of the Treasure Coast
Regional Planning Council that individually each method
is not cost effective.
38