HomeMy WebLinkAbout2026-1723120260045294
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3890 PG: 1455 Page 1 of 35 9/23/2026 310 PM
This instrument prepared by and
should be return to:
Attn:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT ( "Agreement") is
entered into this 21st day of Sqteiter , 2026, by and between the INDIAN RIVER COUNTY,
a political subdivision of the State of Florida (the "County"), and LAWRENCE LAND
HOLDINGS, LLC, a Missouri limited liability company (the "Developer"), for the purpose of
establishing and binding the development rights of the Developer for certain real property located
within the unincorporated area of Indian River County, Florida, as more particularly described in
Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"). The
Developer and the County may be referred to herein individually as a "Party" and collectively as
the "Parties".
WITNESSETH
WHEREAS, the Developer owns and intends to develop the Property into a residential
development consisting of single-family homes and accessory uses, including but not limited to
parking facilities and amenities (the "Development" or "Bluewater Bay"), all as more specifically
depicted on the Bluewater Bay Planned Development as revised and approved by the Board of
County Commissioners for Indian River County (the "Board"), a copy of which is attached hereto
and incorporated herein by reference as Exhibit "B" ("PD Plan"); and
WHEREAS, the Developer intends to the develop Bluewater Bay in two (2) phases (each
a "Phase"), consisting of one hundred eighty-nine (189) single-family residential lots in the first
Phase and one hundred eighty-five (185) single-family residential lots in the second Phase; and
WHEREAS, the County intends to provide certain assurances to the Developer with
respect to the development of the Property, in accordance with the applicable provisions of the
Indian River County Comprehensive Plan, the Indian River County Land Development
Regulations (collectively, the "LDRs"), and Sections 163.3220-163.3243, Florida Statutes (the
"Act"); and
WHEREAS, the LDRs and the Act specifically empower the County to enter into
development agreements with developers to facilitate the orderly development of real property in
Indian River County; and
WHEREAS, the County and Developer's predecessor in title to the Property, 510 GROUP,
L.L.C., a Florida limited liability company (the "Previous Owner"), entered into that certain
Developer's Agreement for Bluewater Bay Residential Planned Development, dated effective May
16, 2006 (the "Original Agreement"), which listed and described the prior approvals for the
Previous Owner's intended development of the Property; and
WHEREAS, those prior approvals have been amended and updated pursuant to that certain
Preliminary PD Plan for the Property approved by the Indian County Planning and Zoning
Commission (the "Commission") on April 9, 2026 (the "Preliminary PD"), and those new
approvals and requirements are memorialized in the PD Plan and this Agreement; and
WHERAS, Developer, as the Previous Owner's successor in interest, and the County wish
to amend and restate the Original Agreement in its entirety, and this Agreement is necessary to set
out all the requirements and expectations of the County and the Developer with respect to the
Development; and
WHEREAS, it is in the best interests of the County and its citizens that the development
of the Property be completed in a planned and orderly fashion as specified herein; and
WHEREAS, the Parties have agreed upon terms and conditions relating to the
development of the Property, development rights, and benefits to the County and the citizens of
the County as specified herein.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein and other good and valuable consideration, the Developer and the County enter into this
Agreement and do hereby agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true, correct and incorporated herein by
reference.
2. Amendment and Restatement: Original Agreement Improvements. In accordance
with Section 8 of the Original Agreement, the County and the Developer hereby amend and restate
the Original Agreement in its entirety so that, from and after the Effective Date (hereafter defined),
the Original Agreement shall be deemed null and void and of no further force and effect
whatsoever. The foregoing notwithstanding, the County and the Developer acknowledge and agree
that the following traffic improvements for the Development have been completed pursuant to the
Original Agreement: (1) right-of-way dedication to the County for future County Road 510
realignment as more particularly set forth in that certain instrument recorded in Official Records
Book 3579, Page 904 of the Public Records of Indian River County, Florida, (2) right -of way
dedication to the County for stormwater treatment and attenuation and for County Road 510
alignment as more particularly set for in that certain instrument recorded in Official Records Book
2049, Page 865, of the Public Records of Indian River County, Florida, and (3) thirty (30) feet of
right-of-way has been dedicated to the County for 861 Avenue as more particularly set forth in that
certain instrument recorded in Official Records Book 2088, Page 1758 of the Public Records of
Indian River County, Florida (collectively, the "Original Agreement Improvements").
3. Effective Date and Duration of Agreement. Unless extended pursuant to the terms
hereof, the duration of this Agreement shall be seven (7) years commencing on the Effective Date.
Should there be any conflict between the terms and time for development authorized herein and
the Preliminary PD Plan, then the terms and time frames of this Agreement shall prevail. This
Agreement shall become effective on that date of its recordation in the Public Records of Indian
River County, Florida (the "Effective Date"), said recordation to be achieved within the fourteen
(14) days from the execution of this Agreement by both Parties, as required by the Act. The
duration of this Agreement may be extended upon mutual consent of the Parties following two
(2) public hearings, as provided in the Act.
4. Incorporation of Application Materials. The application and all fmal submissions,
documents, and correspondence related to the Preliminary PD, including (without limitation) all
traffic and environmental studies, received by the County ("Application Materials") are hereby
incorporated into this Agreement.
a. PD Plan for Development. The PD Plan attached hereto and incorporated herein as
Exhibit "B" depicts the proposed areas of development, the respective types of development to
be constructed on the Property, and the buffers of the development on the perimeter of the
Property. The County and the Developer understand and agree that the attached PD Plan and the
PD Plan approval establish the maximum building density for Bluewater Bay as well as the
minimum landscaping, required drainage, and open space requirements. For purposes of this
Agreement, it is agreed that the PD Plan accurately depicts the type and density of development
to be constructed on the Property.
b. Uses; Density; Intensity; Height; Design Guidelines.
i. Use. Development shall exclusively include residential uses, which shall
include the related Accessory Structures (hereafter defined), and shall not exceed three hundred
seventy-four (374) single-family dwelling units as depicted on the PD Plan.
ii. Density. The maximum allowed density is 3.00 dwelling units per acre
according to the Property's Future Land Use designation, but the Development proposes a density
of 2.79 dwelling units per acre.
iii. Design Guidelines. The Development's design guidelines shall conform to
the PD Plan.
c. Perimeter Buffering and Landscaping. The Developer shall provide the buffers and
opaque features around the perimeter of the Development as depicted on the PD Plan. The
landscaping for Bluewater Bay will be as depicted on the PD Plan, to the extent possible. The
Developer acknowledges that all landscaping must be completed in accordance with the applicable
provisions of the LDRs. Prior to the County's issuance of a land clearing and tree removal permit
or exemption (a "Tree Permit"), the Developer shall finalize a revegetation and tree removal plan
acceptable to the County's environmental planner covering the cost to restore the site as well as
the cost of all required landscaping, irrigation, and related improvements as shown in the PD Plan.
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Developer must obtain planning staff approval of a fmal landscape buffer plan prior to issuance of
a land development permit ("LDP") for each Phase.
d. Accessory Structures. The Developer intends to construct those accessory
structures depicted on the PD Plan including, but not limited to, one recreation center (which may
consist of swimming pools and/or clubhouses), security gate, and bus shelter (collectively, the
"Accessory Structures").
e. Streetlights. The streetlights to be located within the bounds of each Phase will be
(1) specified in the LDP for each Phase, (2) constructed along with the improvements within that
Phase, (3) turned over to and maintained by a homeowners association established for the Property
(an "HOA"), and (4) completed prior to issuance of a certificate of completion for such Phase.
f. Common Green Space and/or Recreation Area. The Developer shall provide
49.89% of the Property as dedicated common green space and/or recreation area (the
"Greenspace"). The Greenspace will be composed of that certain clubhouse/amenity tract, several
passive recreation/open space tracts, and the native uplands set -aside tract as depicted on the PD
Plan. The Greenspace will satisfy the County's green space/recreation area requirements with
respect to the Development. The portion of the Greenspace located within the bounds of each
Phase will be (1) reviewed via the LDP for each Phase, (2) included in the construction of the
improvements within that Phase, and (3) completed prior to issuance of a certificate of completion
for such Phase.
g. Wetlands. No jurisdictional wetlands exist on the Property. Therefore, no wetlands
criteria apply to the Development.
h. Upland Preserves. No intact native upland plan communities exist on the Property.
Therefore, no native upland set -aside requirements apply to the Development.
i. Tree Preservation. Most of the Property is clear of vegetation, but there are small
portions of the Property that are partially wooded with a mixture of palm, hardwood, and non -
hardwood tree species. Mitigation is required for removal of any native hardwood trees over 12"
DBH and cabbage palms with 10' or more of clear trunk. All invasive exotics will be removed
during development. Developer must obtain County approval of the fmal tree protection and
mitigation plan prior to the issuance of an LDP for each respective project Phase.
j. Traffic Improvements.
i. Internal Improvements. The Developer shall provide internal sidewalks and
roads within Bluewater Bay as depicted on the PD Plan. The parties understand and agree that all
roads and sidewalks located within Bluewater Bay will be designed and constructed to County
standards at the expense of the Developer, subject to receipt of all required governmental
approvals. All sidewalks will be included in the project's LDP. The Parties further understand and
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agree that all sidewalks and roads located within Bluewater Bay shall be owned and maintained
by the HOA.
ii. External Improvements. Those traffic improvements constructed by the
Developer pursuant this Agreement which are located outside of Bluewater Bay shall ultimately
be dedicated to the County and/or the Florida Department of Transportation ("FDOT"), as
applicable, for ownership and maintenance.
k. Utility Services. The Developer will supply adequate public utility facilities and
services to serve Bluewater Bay concurrently with the impact creating the need for such services,
including, but not limited to, potable water distribution, wastewater collection and solid waste
disposal. Such utility improvements are more particularly described in that certain Utility
Remediation Plan approved by the County and attached hereto as Exhibit "C". The Developer
will work with all necessary governmental entities, including the County, to ensure that utilization
of the constructed utility system will not adversely impact those utility customers adjacent to
Bluewater Bay. The Developer must obtain all necessary governmental approvals and permits
prior to utilization of any potable water or wastewater collection utility system constructed by
Developer.
i. Potable Water Distribution. Drinking water for Bluewater Bay will be
supplied by the County. The Developer will construct, or cause to be constructed, all necessary
potable water service infrastructure within Bluewater Bay. Upon completion of construction of
such potable water service infrastructure, the infrastructure shall be turned over and accepted by
the County pursuant to applicable requirements under the Indian River County Code of Ordinances
(the "Code"). Water service will be available to each area of Bluewater Bay in adequate volume
prior to improvements being constructed in each Phase.
ii. Wastewater Collection. Wastewater collection and treatment services for
Bluewater Bay will be provided by the County. The Developer will construct, or cause to be
constructed, all wastewater collection infrastructure within Bluewater Bay. Upon completion of
construction of such wastewater collection infrastructure, the infrastructure shall be turned over
and accepted by the County pursuant to applicable requirements under the Code. Wastewater
collection service must be available in adequate capacity prior to construction of improvements in
each Phase.
iii. Solid Waste Disposal. There are no solid waste improvements required for
the Development.
1. Stormwater Treatment Facilities. The stormwater treatment facilities for Bluewater
Bay will be constructed as depicted on the PD Plan and the County approved LDP. All stormwater
runoff and drainage system improvements within Bluewater Bay will be: (1) designed and
constructed to County standards; (2) treated to minimum St. Johns Florida Water Management
District water quality standards; (3) constructed, or caused to be constructed, by the Developer;
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and (4) maintained by the HOA. The County will not be responsible for any construction or
maintenance costs associated with the stormwater drainage system within Bluewater Bay. The
system will be designed and constructed so that outflow onto adjacent properties will be consistent
with historical drainage and will be designed to protect adjacent surface waters by use of best
management practices and/or other innovative techniques. The Projects stormwater system will
also accept runoff generated by the Project and certain off -site improvements, including County
Road 510, 89th Avenue, and 86th Avenue.
m. Certificate of Concurrence. The Developer has applied for and obtained a
conditional concurrency certificate for the Development (the "Conditional Certificate"). The
County issued the Conditional Certificate based upon a concurrency analysis and a determination
by the County that there is adequate capacity available to serve the Development. The Developer
shall be required to obtain final concurrency certificates for the Development (the "Certificate of
Concurrence") before the County issues building permits for each Phase.
n. Other Conditions. Unless otherwise provided in this Agreement, Developer shall
comply with all conditions of approval set forth in the PD Plan for each Phase which conditions
are incorporated herein by reference.
5. Other Developer Contributions. In addition to the aforementioned Developer
contributions to the public infrastructure of the County, the Developer agrees to make the following
additional contributions toward off -site improvements in areas near and adjacent to Bluewater Bay
by providing payment to the County for the purpose of such improvements or facilitating the
construction of said improvements within timeframes set forth herein.
6. Impact Fees and Credits.
a. Urban Services Area and Single -Family Impact Fees. Bluewater Bay lies within
the Urban Services Area, and the Developer agrees to pay the impact fees ultimately levied against
the single-family residential lots within the Urban Services Area which are identified with more
particularity in Exhibit "D" (the "Single -Family Impact Fees"). The Developer agrees to pay the
Single -Family Impact Fees within forty-five (45) days of the Developer's receipt of an invoice
from the County setting forth the estimated amount of Single -Family Impact Fees due (the
"Estimate"). If the Single -Family Impact Fees due at the completion of the Development (the
"Final Amount") is more than the Estimate, then the Developer shall pay the difference between
the Final Amount and the Estimate to the County within forty-five (45) days of receipt of an
invoice for the difference. If the Final Amount is less than the Estimate, the Developer shall be
entitled to receive a refund of the difference from the County. This obligation shall survive the
revocation or termination of this Agreement.
b. Public Benefit. Developer shall only be entitled to impact fee credits from the
County for those contributions by Developer that are not public benefits given in exchange for the
Commission's approval of the Preliminary PD. If Developer is entitled to impact fee credits for its
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contributions, then the amount of the impact fee credits will be determined using the rates in effect
as of the Effective Date, and consistent with the requirement for credit to be applied on a dollar -
for -dollar basis at fair market value pursuant to Section 163.31801(5)(a), Florida Statutes, as the
same may be amended. The Parties acknowledge and agree that the dedication of the Right -of -
Way Dedications and the Roadway Improvements are public benefits given in exchange for the
Commission's approval of the Preliminary PD.
7. Dedication of Right -of -Way. Within ninety (90) days of the Effective Date, the
Developer agrees to dedicate (i) fifteen (15) feet of right-of-way for 86th Avenue at the entrance of
the Development, and (ii) additional right-of-way along County Road 510 of varying width depicted
as Tract Yl and Tract Y2 in the PD Plan (the "Right -of -Way Dedications"). The conveyances shall
be in a manner and form acceptable to the County Attorney.
8. Road Improvements. Developer agrees, at its own cost, to design, permit and
construct (i) a sidewalk connection from the FDOT proposed cross walk across County Road 510
at 88th Avenue to the Development as outlined in the Preliminary PD, (ii) an emergency
ingress/egress connection at north side of the County Road 510 and 88th Avenue intersection as
outlined in the Preliminary PD, (iii) certain improvements along 86th Avenue within the available
right-of-way from County Road 510 to the entrance of the Development in accordance with the
Preliminary PD, which shall include a northbound ingress lane and two (2) southbound egress
lanes to accommodate left and right turns, and (iv) full signalization at the intersection of County
Road 510 and 86th Avenue inclusive of all required improvements for the full operation and
functionality of the signal to include but not be limited to installation of mast arms, traffic signal
boxes, detection equipment, etc. in accordance with an approved signalization plan (the "Road
Improvements") as approved by FDOT and the County pursuant to FDOT and County standards
should the ROW be held by the County. Should the ROW be held by FDOT only approval from
FDOT is required. Upon completion of the Road Improvements, they will be dedicated to either
the County or FDOT. The signalization of 86th Avenue and County Road 510 shall be completed
and operational prior to issuance of the first certificate of occupancy for Phase 2 but no later than
April 1, 2028, unless extended by the public works director in writing due to extenuating
circumstance outside of the Developer's control, such extensions not to be unreasonably withheld
or conditioned. The construction of the westbound right -turn lane on County Road 510 and the
portions of the sidewalk connection to the crosswalk within the County Road 510 right-of-way
shall be coordinated with the FDOT-planned widening of County Road 510 (FDOT Project No.
405606.8). If FDOT has not commenced construction of the aforesaid project within two (2) years
of the issuance of the first residential building certificate of occupancy for the first Phase, the
Developer, may in its discretion, elect to construct the Road Improvements independently of the
aforementioned FDOT project.
9. Indian River County Development Approvals.
a. Regulations. All development permits approved or requiring approval by the
County for the Development shall be issued by the County in accordance with the LDRs and the
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Code. Except as otherwise provided in this Agreement and the Preliminary PD, the Parties agree
that such County regulations that are in existence and effect as of the Effective Date will control
and establish the density, intensity, bulk, height, setbacks, and the land uses and structures allowed
to be developed on the Property under this Agreement. For all elements of the Development that
are not specified herein or for all future adjustments or modifications, the Parties agree that such
County regulations that are in existence and effect as of the Effective Date shall control and
establish same. The Developer acknowledges that, notwithstanding this Agreement, the Developer
shall be required to apply to the County for any additional development approvals other than those
specified herein, including changing the zoning designation, site plan review or subdivision plat
approval, and shall be required to conform to all other ordinances in effect at the time of said
application that govern, including but without limitation, environmental protection, trees, signage,
traffic, utilities, concurrency, stormwater, and drainage. Developer will pay all required fees and
costs imposed by the County including impact fees as set by the Code in existence at the time of
development approval.
b. Building Code; Certificate of Concurrence. All applications for building permits
shall comply with the Florida Building Code in effect at the time of application. Notwithstanding
anything to the contrary contained herein, the PD Plan (as the same may be amended pursuant to
the terms hereof) and the Certificate of Concurrency shall not expire so long as a building permit
is issued for Bluewater Bay within the term of this Agreement and such building permit does not
otherwise expire pursuant to the terms of the Code.
10. Other Development Approvals; Change of Law. The Developer acknowledges and
agrees that it may need permits and authorizations from other state and federal agencies which are
outside the scope of this Agreement. The Developer represents that it has procured various permits
relating to the Development and that such permits are identified in Exhibit "E" hereto (the
"Acquired Permits"). The Developer further represents that additional permits may be necessary
prior to the issuance of a fmal development order as further described in Exhibit "F". In the event
that any state or federal law is enacted after the execution of this Agreement that is applicable to
and precludes the Parties from complying with the terms of this Agreement, then this Agreement
shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior
to modifying or revoking this Agreement, the Board shall hold two (2) public hearings consistent
with the requirements of the Act.
11. Consistency With Comprehensive Plan and Land Development Code.
a. Reservation of Dedication of Land for Public Purposes. The Parties acknowledge
and agree that the Developer is making certain dedications of land and improvements for public
purposes as described herein and in the PD Plan. The Parties further acknowledge and agree that
consideration for the above denoted dedications has been given by the County in the form of
waivers or incentives requested by the Developer for approval of the PD Plan.
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b. Local Development Permits. The Parties acknowledge and agree that the Developer
has submitted for the Acquired Permits described in Exhibit "E". In addition, the following is a
list of all local development permits that have been approved or needed to be approved for the
development of the land:
• Comprehensive Plan Amendment (not required)
• Rezoning (not required)
• State and Local Permits Identified in Exhibit "F" attached
hereto (required before the issuance of a building permit)
• Tree Permit (required; to be issued after the Effective Date)
• Final Plat Approval for the Development (required before
the issuance of a certificate of occupancy)
• Any modifications to the PD Plan shall be processed in
accordance with the LDRs.
c. Local Development Permits Obtained by the Developer. All local development permits
identified in Sections 913 and 915 of the Code shall be obtained at the sole cost of the Developer and,
in the event any such development permit is not received, no further development of the Property shall
be allowed until such time as the Board has reviewed the matter and determined whether or not to
terminate this Agreement or to modify it in a manner consistent with the public interest and the Indian
River County 2030 Comprehensive Plan.
d. Consistency with Comprehensive Plan. The County finds that the Development is
consistent with the Comprehensive Plan.
e. Consistency with Land Development Code. The County fmds that the Development
is consistent with the LDRs and the Code.
f. No Precedent from Agreement. The County acknowledges and agrees that it is
exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits
that are particular and unique to the circumstances underlying this Agreement. This Agreement shall in
no way establish a precedent or bind the County to grant similar approvals to third persons.
g. Compliance with Laws Not Identified in Agreement. The failure of this Agreement
to address a particular permit, condition, term, or restriction shall not relieve the Developer of the
necessity of complying with the applicable law governing said permitting requirements, terms,
conditions, or restrictions.
h. Conditions Necessary to Protect Health, Safety, and Welfare. The conditions stated
herein are deemed necessary to protect health, safety and welfare of the citizens of Indian River
County. The Board reserves the right to impose subsequently adopted laws and policies following
a public hearing if the Board determines that the laws and policies are essential to the public's
health, safety, or welfare.
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12. Annual Review.
a. In accordance with the Act, the County shall review this Agreement every twelve
(12) months (each, an "Annual Review"), the first commencing twelve (12) months after the
Effective Date. The County shall begin the review process by giving notice, a minimum of ninety
(90) days prior to each anniversary date for the Effective Date, to the Developer of its intention to
undertake the Annual Review of this Agreement and the necessity for the Developer to provide the
following:
• An identification of any changes in the plan of
development as contained in the PD Plan, or in any phasing
for the reporting year and for the next year.
• If the PD Plan provided for phasing, a summary
comparison of development activity proposed and that
development actually constructed for the year.
• Identification of undeveloped tracts of land that have been
sold to a separate business entity or developer along with
their last known address and any contact information.
• An assessment of the Developer's compliance with each
condition of approval set forth in this Agreement.
• Identification 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.
• Description of progress on required improvements for each
Phase.
b. Any information required of Developer during an Annual Review shall be limited
to that necessary to determine the extent to which the Developer is proceeding in good faith to
comply with the terms of this Agreement. If during an Annual Review, the County finds there is
competent, substantial evidence that there has been a failure to comply with the terms of the
Agreement, the County may revoke or modify the terms of this Agreement in accordance with the
procedures set forth herein.
13. Remedies.
a. If the Developer or the County fails to carry out any of its covenants herein
contained, the County and the Developer shall be entitled to all remedies available at law or in
equity including, without limitations, the remedy of prohibitive injunction.
b. The Board may revoke or modify this Agreement if the Board determines through
its Annual Review of this Agreement that the terms and conditions of this Agreement, as may be
amended, have not been complied with. Prior to any revocation or modification of this Agreement,
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the Board shall hold two (2) public hearings consistent with the requirements of the Act (the
"Review Hearings"). At the Review Hearings, the Developer will be given an opportunity to rebut
the determination that the requirements of this Agreement, as may be amended, have not been
complied with. The Board's final determination to revoke this Agreement shall be based on
competent substantial evidence presented during the Review Hearings. If the Board determines
that revocation of this Agreement is not necessary, the Board may amend the terms of this
Agreement to provide for any reasonable condition necessary to assure compliance with the
requirements of this Agreement as may be amended. The provisions requiring Board approval of
any change in the PD Plan shall survive the revocation of this Agreement.
c. In the event the Board or the Developer is required to seek enforcement of the
provisions of this Agreement, the prevailing party shall be entitled to recover from the other party
all costs of such action, including but not limited to reasonable attorney's fees.
d. None of these remedies shall be deemed exclusive of one another, or exclusive of
any other remedy which the court having jurisdiction deems appropriate. Such remedies shall be
granted either singularly, or in combination, to the extent necessary to achieve the intent of this
Agreement.
14. General Provisions.
a. Nothing herein is intended to preclude the County from exercising its proper police
powers to protect the health, welfare, and safety of the public.
b. This Agreement shall be binding upon, and inure to the benefit of, all heirs,
successors and assigns of the parties hereto. Developer may assign this Agreement and all its rights
and obligations hereunder to any person, firm, corporation or other entity with the consent of the
assignee, and any such assignee shall be entitled to all the rights and powers of such participation
hereunder. Upon such assignment, such assignee shall succeed to all the rights and obligations of
the assignor hereto, and shall, for the purposes of specific rights and/or obligations assigned, or
otherwise, all purposes hereof, be substituted for the Developer. Such assignee shall record notice
of such assignment in the Public Records of Indian River County, Florida and notify the County
of the assignment of the agreement along with updated contact information for the assignee.
c. Any notices required to be given or elected to be given by either of the Parties
pursuant to the terms of this agreement shall be in writing and shall be deemed effective provided
when placed in the United States Mail, certified return receipt requested, or placed in the hands of
an overnight delivery service. The addresses of the parties are as follows:
As to the Developer: Lawrence Land Holdings, LLC
625 66th Avenue SW
Vero Beach, FL 32968
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As to the County: Indian River County Board of County
Commissioners
Attn: County Administrator
1801 27th Street
Vero Beach, Florida 32960
With a Copy to: Indian River County Attorneys' Office
Attn: County Attorney
1801 27th Street
Vero Beach, Florida 32960
Any Party hereto may, from time to time, give to the other party written notice, in the
manner provided for herein, of some other address to which communications to such party shall
be sent, in which event, notices to such Party shall be personally delivered or sent in the manner
set forth hereinabove to such address. If a Party is represented by legal counsel, such legal counsel
is authorized to give notice or make deliveries under this Agreement directly to the other Party on
behalf of his or her client, and the same shall be deemed proper notice or delivery if given or made
in the manner specified above.
d. This Agreement constitutes the complete and exclusive statement of agreement
between the parties with respect to the subject matter described. This Agreement also supersedes
all prior written and oral statements including but not limited to the Original Agreement. No
representation, statement, condition, or warranty not contained in this Agreement has any force or
effect.
e. This Agreement and the rights of the parties hereunder are governed by, interpreted,
and enforced in accordance with the laws of the State of Florida. Exclusive venue for any legal action
brought to enforce or interpret this Agreement shall be in the Circuit Court for the Nineteenth Judicial
Circuit, in and for Indian River County, Florida.
f. Common nouns and pronouns refer to the singular and plural. Any reference to
statutes or laws will include all amendments, modifications, or replacements of the specific
sections and provisions concerned.
g. All headings herein are inserted only for convenience and ease of reference and are
not to be considered in the construction or interpretation of any provision of this Agreement.
h. If any provision of this Agreement is held to be illegal, invalid, or unenforceable,
such provision is fully severable. Upon such event, this Agreement is to be construed and enforced
as if such illegal, invalid, or unenforceable provision had never comprised apart of this Agreement
and the remaining provisions of this Agreement will remain in full force and effect. If any portion
of this Agreement is held or declared to be void by a court of competent jurisdiction, the Agreement
shall be deemed to be and enforceable as a home rule developer agreement in accordance with
Florida law.
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i. This Agreement is made solely and specifically among and for the benefit of the
parties hereto and their respective successors and assigns; no other person has or will have any
rights, interest, or claims hereunder or be entitled to any benefits under or on account of this
Agreement as a third -party beneficiary or otherwise.
j. This Agreement shall be recorded in the Public Records of Indian River County,
Florida by the developer within fourteen (14) days of its final execution by the Chair of the Board.
k. This Agreement may be amended only by a subsequent written instrument entered
into and executed by the parties pursuant to the procedures and requirements of the Act.
1. This Agreement may be amended or cancelled by mutual consent of the parties.
Prior to amending this Agreement, the Board shall hold two (2) public hearings consistent with the
requirements of the Act. No further development permits that would result in the generation of any
additional required Level of Service impacts will be issued until a final development order has
been issued. Any application for a final development order, except for a modification to an existing
building, structure, or site facility that does not require a new concurrency review, will be subject
to all applicable standards and regulations in effect at the time the application is filed. Any
application for a final development order, for a modification to a building, structure, or site facility
built or constructed in accord with the terms of this Agreement shall be subject to any applicable
Indian River County construction standard or code in effect at the time the application is filed. All
applications for building permits shall comply with the building code in effect at the time of
application.
m. This Agreement shall be construed as the joint and equal work product of the parties
and shall not be construed more or less favorably on account of its preparation.
n. THE COUNTY AND THE DEVELOPER EACH KNOWINGLY, VOLUNTARILY,
INTENTIONALLY, AND IRREVOCABLY WAIVE TRIAL BY JURY IN ANY DISPUTE,
ACTION, PROCEEDING, OR COUNTERCLAIM INVOLVING ANY MATTER WHATSOEVER
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE COUNTY
AND THE DEVELOPER FURTHER ACKNOWLEDGE THAT EACH HAS BEEN
REPRESENTED (OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE
MAKING OF THIS WAIVER BY INDEPENDENT COUNSEL OF ITS OWN ELECTION.
o. Failure to insist upon strict compliance with any of the terms, covenants, or
conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall
any waiver or relinquishment of any right or power hereunder at any one time or times be deemed
a waiver or relinquishment of such right or power at any other time or times. Further, the fact that
this Agreement does not detail all laws, rules, regulations, permits, conditions, terms and
restrictions that must be satisfied to complete the development contemplated by this Agreement
13
shall not relieve any party, or its successors in interest, of the obligation to comply with the law
governing such permit requirements, conditions, terms, and restrictions.
p. All words, terms, and conditions contained herein are to be read in concert each
and with the other, and a provision contained under one paragraph may be considered to be equally
applicable under another in the interpretation of this Agreement.
q. Nothing in this Agreement shall be deemed or construed to be a waiver of the
County's statutory sovereign immunity.
(Signatures to follow on next page)
14
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
Board of County Commissioners
Indian River County, Florida,.••o..... �..
,.
By:
Deryl Loar, Chairman
.,�RCOU
A r e ��'J
Attest: �ti ►')o(&dk)
mend; Wrd( &i
Uhn A. Ti ich, Jr., Ryan L. Butler,
County Administrator Clerk of the Circuit Court and Comptroller
By:
Appro d as _o For)nd Legal Sufficiency: De ty Clerk
Susan . Prado, uty ounty Attorney BCC Approved: September•_1_S,_2026
5 ,__2 0 2 6
15
Signed in the presence of:
Print Name: _i — S
Address: Sc l7 r
11 tl�M Cfit� -
Print Name: \U\' WYtMC�
Address: 44e0\ S\Ockr P4- \
WA\ AVc, \N 31201
STATE OF T-Riiu
COUNTY OF 32≥ V SJ1�
DEVELOPER:
LAWRENCE LAND HOLDINGS, LLC,
a Missouri limited liability company
Print Name: o c
Its:
Date: °1.15.2(n
The forgoing instrument was acknowledged before me by means of Qo"Q_
cal presence
or online notarization, this day of S fl 2026, by ( the
of Lawrence Land Holdings, LLC, a Missouri limite iability company, who
is either personally known to me or who have produced as
identification.
(Notary Seal)
l" WI
.tea+• ;s'%
Q' STATE OF
s
TENNESSEE
NOTARY _S
PUBLIC
�� ••
NHflflftfl
gNH �S
MISSION EX��
L��6.
Notary Publi��
Printed Name: ' Y \,
'
My Commission Expires: S a?"
16
Exhibit "A"
The Property
THOSE CERTAIN LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2439, PAGE 1950,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING AND BEING IN
SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 26,
TOWNSHIP 31 SOUTH, RANGE 38 EAST AND RUN N89°38'06"W, ALONG THE SOUTH
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 26, A DISTANCE OF 85.00 FEET;
THENCE N00°15'07"E A DISTANCE OF 53.16 FEET TO THE SOUTHWEST CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2088,
PAGE 1758, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, (SAID POINT
ALSO BEING THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 3579, PAGE 904, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA); THENCE CONTINUE N00° 15'07"E, ALONG THE
BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2088, PAGE
1758, A DISTANCE OF 26.84 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3579, PAGE 904; THENCE
CONTINUING ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN
OFFICIAL RECORDS BOOK 2088, PAGE 1758, THE FOLLOWING TEN (10) COURSES
AND DISTANCES; 1) THENCE N45°17'37"E A DISTANCE OF 56.53 FEET; 2) THENCE
N00°15'07"E A DISTANCE OF 745.03 FEET; 3) THENCE N15°45'22"W A DISTANCE OF
25.34 FEET; 4) THENCE N15°2 1'01 "E A DISTANCE OF 51.78 FEET; 5) THENCE N01°56'58"E
A DISTANCE OF 32.27 FEET; 6) THENCE N00° 15'07"E A DISTANCE OF 1313.49 FEET TO
THE BEGINNING OF A CURVE TO THE LEFT; 7) THENCE ALONG THE ARC OF SAID
CURVE, (SAID CURVE BEING CURVED CONCAVE TO THE SOUTHWEST AND HAVING
A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 90°03'38", A CHORD LENGTH OF 77.82
FEET AND A CHORD BEARING OF N44°46'42"W), A DISTANCE OF 86.45 FEET TO THE
END OF SAID CURVE; 8) THENCE N89°48'3 1 "W A DISTANCE OF 1709.52 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT; 9) THENCE ALONG THE ARC OF SAID CURVE,
(SAID CURVE BEING CURVED CONCAVE TO THE SOUTH AND HAVING A RADIUS OF
2835.00 FEET, A CENTRALANGLE OF 08°!! '30", A CHORD LENGTH OF 404.98 FEET AND
A CHORD BEARING OF S86°05'44"W), A DISTANCE OF 405.32 FEET TO A POINT OF
REVERSE CURVATURE; 10) THENCE ALONG THE ARC OF SAID CURVE, (SAID CURVE
BEING CURVED CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1236.00 FEET,
A CENTRAL ANGLE OF 08°17'43", A CHORD LENGTH OF 178.79 FEET AND A CHORD
BEARING OF S86°08'50"W), A DISTANCE OF 178.79 FEET TO THE EAST RIGHT-OF-WAY
LINE OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT LATERAL "D" CANAL;
THENCE S00°11'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, (SAID LINE BEING
275.00 FEET EAST OF, AS MEASURED PERPENDICULARLY, THE WEST LINE OF SAID
SECTION 26), A DISTANCE OF 2019.20 FEET TO THE NORTHWEST CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2049, PAGE
865, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND A NON -TANGENT
INTERSECTION WITH A CURVE TO THE LEFT; THENCE ALONG THE ARC OF THE
CURVED BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 2049, PAGE 865, (SAID CURVE BEING CURVED CONCAVE TO THE NORTHEAST
AND HAVING A RADIUS OF 900.00 FEET, A CENTRAL ANGLE OF 61°57'04", A CHORD
LENGTH OF 926.41 FEET AND A CHORD BEARING OF S58°43'48"E), A DISTANCE OF
973.13 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND DESCRIBED IN
OFFICIAL RECORDS BOOK 2049, PAGE 865; THENCE S00°17'40"W, ALONG THE EAST
LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2049,
PAGE 865, A DISTANCE OF 12.35 FEET TO A NON -TANGENT INTERSECTION WITH A
CURVE TO THE LEFT AND A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY
ROAD 510, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (85TH STREET/90TH AVENUE), STATE
PROJECT NO. 88050-2507, DATED 8/26/21, LAST REVISED 11/02/22, (SAID POINT ALSO
BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN OFFICIAL RECORDS BOOK 3579, PAGE 904, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE AND ALONG
THE NORTH LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 3579, PAGE 904, THE FOLLOWING FIVE (5), COURSES AND DISTANCES; 1)
THENCE ALONG THE ARC OF SAID CURVE, (SAID CURVE BEING CURVED CONCAVE
TO THE NORTH AND HAVING A RADIUS OF 1021.00 FEET, A CENTRAL ANGLE OF
4°07'43", A CHORD BEARING OF S87°38'19"E AND A CHORD LENGTH OF 73.55 FEET),
A DISTANCE OF 73.57 FEET TO THE END OF SAID CURVE; 2) THENCE S89°42'20"E A
DISTANCE OF 457.97 FEET; 3) THENCE N88°34'19"E A DISTANCE OF 715.30 FEET; 4)
THENCE S89°42'20"E A DISTANCE OF 203.79 FEET; 5) THENCE S77°46'45 "E A DISTANCE
OF 46.75 FEET TO THE POINT OF BEGINNING. CONTAINING 133.80 ACRES, MORE OR
LESS.
Exhibit "B"
The PD Plan
[Exhibit continues on following pages.]
Exhibit "B" Item 4A
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Members of the Planning and Zoning Commission
FROM: Brandon C. Creagan, LEED Green Associate; Chief, Current Development 6 G�
DATE: March 30, 2026
SUBJECT: D.R. Horton, Inc.'s Request for Preliminary Planned Development (PD) Plan/Plat
Approval for Bluewater Bay PD [PD -22-05-05 / 2001080013 - 92201]
It is requested that the data herein presented be given formal consideration by the Planning and Zoning
Commission (PZC) at its regular meeting of April 9, 2026.
DESCRIPTION & CONDITIONS
B.S.E Consultants, Inc., on behalf of D.R. Horton, Inc., is requesting preliminary planned development
(PD) plan/plat approval for a two-phase project that will include 374 single-family homes, with an
overall project density of 2.79 units/acre to be known as Bluewater Bay PD. The project site is located
at the northeast corner of 85th Street and 90th Avenue. The subject site is zoned RS -3, Residential Single
Family (3 units per acre) (see attachment 1). While the project was previously started, only roadway and
utility infrastructure were installed (partially).
At its regular meeting of February 15, 2005, the Board of County Commissioners granted conceptual
PD plan and special exception use approval for Bluewater Bay PD, which was the first step in this
process. Subsequently, at its regular meeting of January 13, 2026, the Board of County Commissioners
granted revised conceptual PD plan approval for just the public benefits portion of the project, as one of
the public benefits could no longer be achieved due to required improvements being restricted by an
adjacent property owner through a legal challenge.
The PZC is now to consider granting preliminary PD plan/plat approval for Bluewater Bay PD, and is
to approve, approve with conditions, or deny the request.
PD Plan Process
The process involved in review and approval of the subject PD application is as follows:
Approval Needed Reviewing Body
1. Conceptual PD Plan/Rezoning PZC & BCC
2. Preliminary PD Plan/Plat PZC
3. Land Development Permit (LDP) Staff
4. Final PD (plat) BCC
The applicant is now requesting approval of the second step. If the PZC approves the preliminary PD
plan/plat for this PD, then the applicant will need to apply for and obtain a land development permit
(LDP) from staff for each respective phase or phases.
F:\Community DevelopmentCur Bay PD - PD -22-06-05 (92201).docx
Exhibit "B"
ANALYSTS
1. Project Area: 133.80 Acres
2. Zoning Classifications: RS -3, Residential Single Family (3 units per acre)
3. Land Use Designations: L-1, Low -Density Residential -1 (up to 3 units/acre)
4. Density: Maximum: 3.00 units/acre
Proposed: 2.79 units/acre
5. Open Space: Required: 40.00% (53.52 acres)
Proposed: 49.89% (66.76 acre)
6. Recreation Area: Required: 10.04 acres
Proposed: 12.16 acres
7. Phasing: The project is proposed to be developed in two (2) phases, consisting of 189 lots in Phase
1 and 185 lots in Phase 2 (see Attachment 3). The site's stormwater management facilities and the
majority of the internal roadway infrastructure were previously constructed; however, these
improvements will require repair and reconditioning as part of the site development process during
each phase.
8. Utilities: The project will be served by public water and sewer services provided by County Utility
Services. The County Department of Utility Services and the Department of Health have approved
these project utility provisions.
9. Traffic Circulation: : The preliminary PD plan provides a full -movement connection to 86th Avenue
as well as a Phase 2 driveway connection to the future 89th Street. A system of internal loop roads
provide internal access to the single-family and amenity portions of the project, including several
cul-de-sac roads.
The proposed driveway connections and traffic circulation plan have been reviewed and approved
by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and
approved the project's traffic impact study (TIS) submitted by the applicant. Based on the approved
TIS the following traffic improvements are required.
• CR 510 right-of-way dedication for future roadway realignment — Completed
• Additional CR 510 right-of-way dedication (width varies).
• Stormwater treatment and attenuation for the CR 510 right-of-way dedication and alignment
— Permitting and Construction Completed
• 30' right-of-way dedication for future 86th Avenue — Completed
• Additional 15' right-of-way dedication for 86th Avenue to project's entrance.
• Bridge design to cross Lateral D — Partially Completed
Note: Bridge design plans will be given to the county so the bridge may be constructed in the
future if a bridge connection over the Lateral D canal is permitted by the canal owner.
F'Communrty Development',CurDev"P&Z12026'',Bluewater Bay PD - PD -22-06-05 (92201).docx 2
Exhibit "B"
• Intersection Improvements at CR-510 and 86a' Avenue, including:
o Traffic signal
■ Foundations and mast arm design includes accommodation for future FDOT
CR-5 10 realignment and intersection improvements.
o Eastbound Left and Westbound Right turn lanes at the CR-510 and 86a' Avenue
intersection.
• Pedestrian connection to Treasure Coast Elementary school
• Cost participation (based on PFS) for the intersection improvements at CR-510 and 66th
Avenue including
o Northbound Left (dual) turn lane
o Westbound Right turn lane
o Optimized cycle length
All of the above improvements will be detailed in a developer's agreement, which will include the timing
for completion of such improvements. The developer's agreement has been drafted and is being actively
reviewed by County staff. The developer's agreement will be subject to review and approval by the
Board of County Commissioners.
10. Stormwater Management: The project's stormwater management design proposes seven
stormwater lakes located throughout the site and an interconnected system of stormwater pipes that
will direct the project's stormwater runoff into these areas. All of the stormwater ponds are existing
as they were previously constructed during land development of this project site before construction
was abandoned in the mid 2000's (see attachment 3). Public Works has reviewed and approved the
project's preliminary stormwater management design. The final stormwater management design will
be reviewed and approved by the Public Works Department via the County stormwater permitting
process.
11. Environmental Issues:
a. Uplands: Since the site is over five acres, the County's native upland set -aside requirement
potentially applies; however, County Environmental Planning staff has determined that no intact
native upland plant communities exist on the project site. Therefore, no native upland set -aside
requirements apply to the proposed development.
b. Wetlands: County Environmental Planning Staff has determined that no jurisdictional wetlands
exist on the subject site within the area to be developed. Therefore, no wetlands criteria apply to
the proposed development.
c. Tree Mitigation: The majority of this site is clear of any vegetation as this site was previously
developed. However, there are small portions of the site that are partially wooded with a mixture
of palm, hardwood, and non -hardwood tree species. Mitigation is required for removal of any
native hardwood trees over 12" DBH and cabbage palms with 10' or more of clear trunk. All
invasive exotics will be removed during development. The applicant must obtain Environmental
Planning staff approval of the final tree protection and mitigation plan, prior to the issuance of
an LDP for each respective project phase.
F:',Community Development CurDev'P&Zt2026'\B1uewater Bay PD - PD -22-06-05 (92201).docx
Exhibit "B"
12. Required Dedications and Improvements:
a. Right -of -Way Dedications for County Road 510 & 86th Avenue: The subject property has
previously dedicated right-of-way along both County Road 510 and 86th Avenue. As part of the
current application, the applicant is providing additional right-of-way dedication along both
roadways. The additional right-of-way dedication along County Road 510 (width varies) is
intended to accommodate future roadway widening improvements planned by the Florida
Department of Transportation (FDOT). In addition, the applicant is dedicating an additional 15'
of right-of-way along 86th Avenue in order to facilitate roadway and sidewalk improvements
associated with the project's proposed entrance.
b. Roachvrnv/Traffic Improvements: All roadway and traffic improvements associated with the
proposed development are described in detail within Section 9 of this report. The timing and
sequence of any improvements that have not yet been completed will be established through the
developer's agreement, which is subject to review and approval by the Board of County
Commissioners. The developer's agreement shall be approved prior to issuance of the LDP.
c. 86th Avenue Sidewalk: A 5' wide sidewalk is required along the site's 86th Avenue frontage to
the site's entrance. The final design of the 86th Avenue sidewalk will be reviewed and approved
via the project's LDP and must be constructed prior to the issuance of a C. of C. for Phase 1.
d Internal Sidewalks: An internal sidewalk system is required and proposed along two sides of the
project's internal streets. All sidewalks will be included in the project's LDP and will need to be
constructed along the frontage of common areas and individual lots in accordance with the
requirements of subdivision ordinance section 913.09(5)(b)2.
e. Streetlighting: Streetlights are required and proposed and will be maintained by the property
owners' association. Additional streetlight details will be provided with the preliminary PD plan.
and the final design of the streetlights will be reviewed via the project's LDP.
f Green Space and/or Recreation Area: At least 7.5% of the total site area must be set aside as
dedicated common green space and/or recreation area. For this project, the applicant proposes to
provide 66.67 acres of recreation area, which is 49.89% of the site. The recreation areas include
amenity site/recreation tracts as well as green space.
13. Landscape Plan: A landscape plan has been included with the project's preliminary PD plan
application (see attachment 5). The preliminary landscape plan shows the location of the project's
required perimeter PD buffers, special buffer subject to a private agreement with the owner of the
Richey property, open space landscape areas, lake shoreline trees, and littoral zone plantings. The
developer must obtain Planning staffs approval of the final landscape plan, prior to the issuance of
an LDP. All required landscape improvements must be installed, inspected, and accepted prior to the
issuance of a C. of C. for Phase 1 & 2 respectively.
14. Concurrency: As required under the County's concurrency regulations, the developer has applied
for and obtained a conditional concurrency certificate for the project, which is sufficient for
preliminary PD plan/plat approval. The concurrency certificate was issued based upon a concurrency
analysis and a determination that adequate capacity was available to serve the subject project at the
time of the determination. The developer will, in accordance with County concurrency regulations,
be required to obtain a final concurrency approval prior to issuance of a building permit for each
apartment building.
F'Community DevelopmentCurDev'',P&Z.2026''.Bluewater Bay PD - PD -22-06-05 (92201).docx 4
Exhibit "B"
15. Surrounding Land Use and Zoning:
North: 89th Street Extension (Future), Vacant, / RS -10 & IRC Al (City of Sebastian)
East: 86th Avenue, Vacant / RS -3 (County)
South: 85th Street, Treasure Coast Elementary, Vacant / IRC Al (City of Sebastian), A-1 (County)
West: 90th Avenue, Vero Lake Estates / RS -3 (County)
All conditions recommended by staff have been accepted by the developer.
RECOMMENDATION:
Staff recommends that the PZC grant preliminary PD plan/plat approval for Bluewater Bay PD, with the
following conditions:
1. Prior to the issuance of a land development permit for Phases 1 & 2, the applicant shall:
a. Dedicate 15' of right-of-way along 86th Avenue to the project's entrance and dedicate the
right-of-way (width varies) along County Road 510 as depicted on the preliminary plat.
b. Obtain Board of County Commission approval of a developer's agreement that will detail
the timing and sequence of all traffic and roadway improvements as outlined within
section 9 of this report.
c. Obtain Planning staff approval on the final landscape plan and streetlighting plan
d. Obtain Environmental Planning staff approval of the final tree protection and mitigation
plan.
2. Prior to the issuance of a certificate of completion for any project phase, the applicant shall
construct required improvements such as traffic, roadway, sidewalks and landscape buffers that
are tied to that specific phase or otherwise guarantee completion of the improvements provided
for in the LDRs. Improvements in respect to sequencing and timing may be detailed by the
developer's agreement or by the LDP.
3. Internal sidewalks shall be constructed along the frontage of common areas and individual lots
in accordance with Section 913.09(5)(b)2. of the County LDRs.
4. Prior to or via the final plat, the developer shall:
a. Establish a restriction, acceptable to the County Attorney, on all 55 -foot -wide lots
restricting homes to one (1) story.
Attachments:
1. Location Map
2. Aerial
3. Phasing Plan
4. Preliminary PD Plan/plat
5. Preliminary Landscape Plan
APPROVED AS TO FORM
AND GAL SUFFICIENCY
BY '
NNIF W.SHULER
COUNTY ATTORNEY
F:\Community Development,CtiuDev'P&Z+,2026'Bluewater Bay PD - PD -22-06-05 (92201).docx 5
Exhibit "B"
Location Map
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BLUEWATER BAY
AERIAL EXHIBIT
B.S.E. CONSULTANTS, INC. DATE: 12/01/25
0 0 500 CONSULTING - ENGINEERING - LAND SURVEYING DESIGN/DRAWN: ALS/DRB
LL 312 SOUTH HARBOR CITY BOULEVARD. SUITE 4 MELBOURNE. FL 32901 DRAWING4 11341102_200_003
PHONE: 1321) 7253074 FAX. (321) 723-1150
o an CERTIFICATE OF BUSINESS AUTHORIZATION; 4005 PROJECT# 11364.11.02
CERTIFICATE OF LAND SURVEYING BUSINESS AUTHORIZATIONS LB0004905
g ( IN FEET ) L.�! SHEET 1 OF 1 Attachment 2
company
AERIAL PHOTO PROVIDED BY GOOGLE EARTH (AIRBUS 2025)
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PROJECT
LOCATION
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BLUEWATER BAY
Bluewater Bay P.D.
Indian Rlver County, FL
Overall Landscape Plan
Data By Description
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Exhibit "C"
Utility Remediation Plan
[Exhibit continues on following pages.]
Exhibit "C"
BLUEWATER BAY
UTILITIES REMEDIATION PLAN
BSE #11364.11.02
Bluewater Bay subdivision was substantially constructed in 2007. As a result of the
financial crisis, construction was not completed, and utilities were not cleared and placed
into service. A new developer proposes to complete the subdivision. This document
describes the proposed evaluation, remediation, and/or replacement of water, sewer, lift
station, and force main utilities.
All utility improvements, including those previously constructed, shall comply with current
Indian River County Department of Utility Services (IRCDUS) and Florida Department of
Environmental Protection (FDEP) Standards. Utilities will also be tested, inspected, and
refurbished per Indian River County Department of Utility Services Required Remedial
Utilities Construction for Abandoned Subdivisions, attached for reference.
Potable Water
• Based on age of water system not in use, and precedent in similar cases in Indian
River County, potable water mains will be replaced.
• All water services will be replaced.
• New hydrants will be installed.
• The potable water system will be flushed, disinfected, and tested per current
standards.
Sanitary Sewer
• Sewer mains will remain in place or be replaced depending on condition. Segments
with no sags >'h" will remain in place. Segments with one or two sags exceeding this
criterion will generally be repaired in place. Segments with more than two sags not
meeting criteria, slope not meeting criteria, or pipe/joint damage will generally be
replaced. Refer to attached exhibit summarizing the results of video inspections
and proposed treatment of each segment.
• Manholes will be reused, subject to IRCDUS inspection and approval. Interior of
manholes will be recoated. Flow channels in manholes will be repaired or replaced
where necessary.
Exhibit "C"
• New boots will be installed on any pipes being replaced at the manhole.
• Service risers will be replaced to and including the wye.
• All gravity sewer shall pass final video inspection and exfiltration or air pressure
testing.
Lift Station and Force Main
• The existing wetwell will remain in place, subject to IRCDUS inspection and
approval. Interior of wetwell will be recoated.
• New lift station pumps, rails, hatches, hardware, panels, controls, telemetry, valves,
and pipe will be installed.
• Nearest lot shall be 50' from lift station (this would eliminate one lot) or odor control
system shall be provided.
• The valve vault will be removed. Per current IRCDUS standards, the valve manifold
will be constructed above grade.
• Developer will explore the option of bringing natural gas line to the lift station (for
generator).
• Force main will remain in place.
• Force main will be potholed and inspected at three locations (right-of-way, entry
point to development, and near lift station) and inspected to confirm that it meets
current standards. No C-909 pipe shall be allowed.
• Force main bores will be replaced.
• Force main will be pressure tested.
Exhibit "D"
Single -Family Impact Fees
Unlncoroorated Indian River County Imnact Fee Schedule IEHective Date: October 11.20221
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Exhibit "E"
Acquired Permits
Indian River County
• Conditional Concurrency Certificate issued on 8-26-26
• Administrative Approval of Conceptual PD AA -24-08-69 approved 1-13-26
• Preliminary PD -22-06-5 approved by PZC 4-09-26
• Utility Remediation Approval email dated 7-16-25
Sebastian River Improvement District (SRID)
• Drainage permit 2024-01 issued 4-07-25
St. Johns River Water Management District (SJRWMD)
• ERP #95794-6 issued 7-25-24
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Permits
Indian River County
• Concurrency
• Administrative Approval (AA) of Conceptual PD
• Preliminary PD
• Final PD
• Land Development
• Land Clearing
• Utility Remediation Approval
• Utility
• ROW
• Type A Stormwater
• 86a' Avenue road ROW approval
• 86th Avenue road plat
• Site plan — clubhouse and amenity areas
• Building permits
Florida Department of Environmental Protection (FDEP)
• NOI SWPPP
• Potable Water
• Sanitary Sewer
Florida Department of Transportation (FDOT)
• CR 510 (85th Street) and 86th Avenue improvements (pedestrian connection, turn lanes, and
signalization)
Florida Wildlife Commission (FWC)
• Gopher Tortoise
Sebastian River Improvement District (SRID)
• Drainage permit
St. Johns River Water Management District (SJRWMD)
• ERP
• CUP